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MAIN LIBRARY
3
97562 M3S69a~ 451827
NOT TO BE TAKEN FROM THE LIBRARY
Form 3427
© = 7
ARCHIVES OF MARYLAND
PROCEEDINGS
OF THE
CounNcIL OF MARYLAND
1636-1667
PUBLISHED BY AUTHORITY OF THE STATE, UNDER THE DIRECTION
OF THE MARYLAND HISTORICAL SOCIETY
WILLIAM HAND BROWNE
Editor
BALTIMORE
MARYLAND HISTORICAL SOCIETY
1885
PRESS OF ISAAC FRIEDENWALD,
“ eae
451827- ->-
Ko}
Rooms oF THE Maryann Historica SOCIETY,
BALTIMORE, September 12, 188 oA
Lo the Maryland Historical Society:
GENTLEMEN:
The Committee on the State Archives have the pleasure to present
for your approval and acceptance the result of their work during the
past summer. The volume now handed you is the third published under
the State appropriation and your direction, and embraces the Proceedings
of the Council from the earliest date in our records (1636) to the year
1667. These are preceded by the charter and documents illustrative of the
first settlement, which are only to be found in the Public Record Office,
London, and other repositories abroad. These papers, strictly speaking,
are not a part of the Maryland records, yet they partly close a gap in our
documentary history, which can only be fully closed by the recovery of
the earliest volumes of our records, if they still exist.
It was thought highly important by your Committee that the earliest
volumes of our records should be placed in print with as little delay as
possible, and with that object in view, they have laid aside for the present
the Assembly series, although they had ample material in readiness for
a third volume in that series, and have taken up the Council Proceedings.
The printing of the present volume leaves but little of the four earliest
manuscript volumes to print, and it is thought that a volume in each of
the Court, and Land series will place every entry in those manuscript
volumes in type.
The division of the Archives into four series, viz. Assembly, Council,
Court, and Land, was determined on after much deliberation and the
careful examination of many entries in the various volumes.
The labor of gathering and arranging the material for the present
volume has been much greater than for both the preceding volumes.
For each of the dozen books from which the volume has been gathered,
a list of dates of every entry as they occur in the volumes was made;
from these dozen lists a second and consolidated one, in strict chronology,
was written, and both the separate and consolidated lists were used as
check lists in making up the copy for the printer.
The thorough indexes which accompany the volume are the work of
Miss Lucy H. Harrison and Dr. Browne. The former making that of
Persons and Places, and the latter the Topical.
The Committee have not received any further accessions to the Archives
from Annapolis, but recently a number of volumes of Court Records
from 1663 to 1782,a volume of Laws, 1731-1752, and two Council books
iv Report of the Committee.
for Land Business, 1679-1684, were transferred from the Office of the
Clerk of the Court of Appeals to the Land Office. These volumes will
be found described by Dr. Browne on a subsequent page, and will be
asked for when occasion requires their use in Baltimore.
Your Committee believe that the work that has been done is good
work well done, and that it deserves from the General Assembly of our
State a liberal appropriation, so that the work can be carried on with
more dispatch. Two volumes a year could readily be arranged and
printed, and a sum sufficient for this number of volumes ought to be
appropriated.
The Society may with truth be said to have rescued these valuable
Archives from oblivion if not from destruction. They are made accessible
in the original (as well as in the printed reproductions) to the student of
our early history, and are secure at the same time in the expensive fire-
proof vault specially constructed by the Society for their protection, and
the services of the Librarian of the Society, without cost to the State, are
always cheerfully rendered in facilitating investigation, arranging confused
material and removing difficulties and obscurities.
It could not be expected that the work done and proposed could be
executed at any other time, or in any other way, with so little expense
to the State. The Society’s share of the work is entirely gratuitous, the
compensation of the faithful and efficient services of the Editor, Dy:
William Hand Browne, is merely nominal, the deciphering and accurate
transcribing of Miss Lucy H. Harrison is at ordinary rather than expert's
rates, and the admirable work of the printer at the lowest rates for which
private individuals in the management of personal business could obtain
the same.
Respectfully submitted,
Joun W. M. Lee,
BrapDLey T. JOHNSON,
HENRY STOCKBRIDGE,
Committee.
The above report having been laid before the Society at its regular
meeting on October 12th, 1885, was, on motion, accepted, approved
and ordered to be printed.
Joun H. B. Larrosg,
President.
MeEnvES COHEN,
Corresponding Secretary.
MEMORANDUM OF RECORD BOOKS
AT THE
LAND OFFICE, ANNAPOLIS,
NOT CALENDARED IN MARYLAND ARCHIVES.
(
|
|
|
BeLog,
I
Cab:
EB
J
Laws.
321 pp.
1731-1752.
Good order.
Council Book for Land Business.
Old binding repaired. Good order.
Index.
1679-1683.
Large folio, parchment binding, 570 pp.
Medium folio,
(Begins with
a list of the Land Record Books, delivered to J. Llewellin,
Ap. 7, 1680.)
Same as above.
Index.
1683-84.
383 pp.
Index.
The following form an almost unbroken series of the Provincial Court
Records. Most are lettered “Judgments” on back.
B. B.
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order,
1663-65
1669-72
1672-75
1675-79
1679-84
1684-87
1692-93
1694-1729 (
1694-96
1698
1703-05
1706-07
1707-09
1709-10
I71I-12
1712-15
1716-17
1717-18
1718-19
1719-22
1722-24
1724-26
1727-31
1731-32
Boe Se 39
1734-35
U7 30°37
1738-38
1738-39
1739-41
1744-45
Binding.
old calf.
parchment.
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old calf.
parchment.
6
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old calf.
parchment.
old calf.
Binding.
E.I.10 =1745-48 old calf.
“ 10 1745-48 [sic] “
cil 1748-49 parchment.
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D.D.1 1760-61 e
“ 2 1761-62 parchment.
Sa 1 702-03 old ‘calf.
“ 4 I 703 “
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Boe {04-05
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“ 10 1765-66 parchment.
Lie. 700 s
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“15 1768-69 ss
TO. 1709 u
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T.B.H.1 1779-80 calf.
« 2 1781-82 se
All the above seem to be in good
PREFACE.
“For government, let it be in the hands of one, assisted with some
Counsel: and let them have commission to exercise martial laws, with
some limitation.”
This advice of Bacon’s in his Essay on Plantations, was carried out
in the Proprietary government of Maryland. Except on those few
occasions when the Proprietary was present in person, his authority and
rights were represented by a Lieutenant-General, or Governor, whose
very ample commission gave him full executive powers in both peace
and war, limited only by the law and his official oath. He was appointed
by the Proprietary, and held office during his pleasure. The Governor
was assisted by a Council, in like manner appointed, of which the
members, in a few instances, were sent out from England, but for the
most part were influential colonists, chosen at the Governor’s recom-
mendation.
The duties of these Councillors were various. As representatives,
conjointly with the Governor, of the Proprietary, they had to keep an eye
upon his rights and interests, to guard them against invasion, and to
give him information of what went on in the Province. As an adminis-
tration they advised the Governor, and assisted him in carrying out the
laws, in the appointment of officers, the making of peace and war, and
the like. As a Legislative body they formed the Upper House of
Assembly, whose concurrence was necessary to all laws, in which
capacity their caution and conservatism often proved a valuable check on
the inconsiderateness of the less experienced Burgesses. Their distinct
and separate existence as an Upper House, with an independent organi-
zation, dates from the restoration of the government to the Proprietary
in 1658. With the Governor they had also a limited legislative power
of their own, the charter empowering them, as the Proprietary’s repre-
sentatives, to pass ordinances, not affecting the life, liberty, or property
of the freemen, without the assent of the Assembly. By virtue of this
power they erected counties and hundreds, imposed embargoes, re-
modelled public offices, &c. They issued letters of denization to aliens,
conferring civil, but not political rights, which latter required an act of
naturalization by the Assembly. They also constituted the Provincial
Court, of which the Governor, down to 1661, was ex-officio Chancellor,
which dealt with the more weighty causes, and also sat as a court of
appeal. -
With these various functions of the Council, it may well be supposed
that its records, at least in the earlier volumes, are quite miscellaneous
in character. While it was engaged in the consideration of an ordinance,
it would happen that a witness presented himself to make a deposition
touching matters before the court; or a letter about Indian depredations
was read; or a petition was handed in; or an administrator filed a bond ;
and the clerk entered the business in the journal just as it was taken up.
x Preface.
In conformity with our plan, we have sifted and assorted this mass as
far as possible. The legislation of the Upper House has appeared in
the volumes already published: the records of the Provincial Court will
come up for publication later. In the present volume we give the
Council business proper, that is, the record of executive and administrative
action in the Province, from 1636 to 166%. The earliest entry in our
records bears date August 8, 1636, and occurs in a volume beginning in
1639; this would indicate that there was at least one book earlier than
any in our possession. A gap will be found from Jan. 164% to Jan.
1644, due to the loss or destruction of the records during Ingle’s raid.
We have done something towards filling this gap by inserting here
copies of proceedings in Parliament and before the Privy Council
touching Ingle and his doings; but fuller particulars will be found in the
records of the Provincial Court. .
We have prefixed to the volume a copy of the Charter, taken from
the Patent Rolls in the Public Record Office, London, and have added
in the notes a careful collation with the text published by Bacon. The
differences, though numerous, are unimportant, Bacon’s being usually
the better Latinity. The reading “imminutione” is decidedly better
than Bacon’s “immutatione.”
We have also added a number of valuable documents, procured
(through the kindness of H. Noel Sainsbury, Esq.) from the Public
Record Office, London, the Archives of the House of Lords, and the
British Museum, touching various points in the history of the Province,
and explaining or complementing the domestic record. Among these
are the documents (pp. 15-44) relating to the settlement of Maryland
and the first difficulties with Virginia.
It may seem that there is a discrepancy between the running title
pp. 201-308, and that which follows; but this is explained by the
circumstances. In July, 1654, Governor Stone, who had_ previously
acknowledged and proclaimed the Protectorate, and declared the Province
to be held under it, was compelled to lay down his power and submit to
the Parliamentary Commissioners, which he did under protest, and until
he should receive orders from England. In January following, Cromwell
ordered the Commissioners “to forbear disturbing the Lord Baltimore
or his officers or people in Maryland, and to permit all things to remain
as they were before any disturbance or alteration made by you, or by
any other upon pretence of authority from you.” About the same time
the Proprietary sent word to Stone to resume his authority, which he
did, and held it until he was defeated and made prisoner at Providence,
March 25, 1655. It is therefore correct to consider that Stone was
governor to this time, though his authority was in abeyance during the
latter part of 1654. On the other hand, the Commissioners, from their
point of view, were justified in dating their rule from July 22, 1654.
Both these facts had to be recognized.
As in the previous volumes, the Editor has to express his acknowledg-
ments of the constant and unwearying assistance of Mr. J. W. M. Lee,
throughout the whole work.
CHARTER OF MARYLAND.
CoLLATION WITH copy IN “ Bacon’s Laws oF MARYLAND.”
[Mere variations in spelling, such as eccam for etiam, terre for terrae,
&c., are not noted.]
pig, let)
Renee. Salutem. Bacon: Carolus Dei gratia Angliae Sco-
tiae, Franciae, et Hiberniae Rex, Fidei Defensor,
&c. Omnibus ad quos praesentes litterae nostrae
pervenirent Salutem.
2, predilectus
3>
6,
£2;
Ov
ao.
23,
Cecill
Christiane religionis
occupatis
Cecilli
et heredibus
Chersonesus
24, jacentem
26,
oF
pe4el.0;
TO;
20);
31;
36,
45,
pas. 1.-6,
’
18,
40,
4I,
43,
45;
47)
fp. Ob 3;
29,
pane?)
19,
21,
24,
25,
35>
45)
vocate
et meridionalis
remanencia exceptus
pisce ibidem capte
orotoria
faciendas
Bacon: perdilectus
Caecilium
Christianam religionem
occupata
Caecilio
omtts et
Chersonesi
jacentis
vocato
ad meridionalem
remaneant excepta
piscibus ibidem captis
oratoria
faciendi
habendum, exercendum, utendum, et gaudendum. Bacon: ha-
faciamus
Berk’
8, ac reddendo
provincia
existenti
navigandos .. . redeundos
constitutos
membrorum
deputatos, locumtenentes
exequendam
contingunt
extendunt
obstante
constitumus
prefata Provincia
descendencium
omnia ... privilegia
ac €x
bendis, exercendis, utendis, et gaudendis
Bacon: facimus
Berkeiae
omtts ac
provinciam
existentes
navigantes ... redeuntes
constituta
membri
deputatum, locum - tenen-
tem
exequendi
contingant
extendant
obstantibus
constituimus
praefatam Provinciam
deducentium
puts privilegia 2x the place
of libertates
omits ac
xii
p.8; 118;
22°
20,
33)
44,
PuOyin2:
4,
5»
re,
Le
17
25,
39,
39;
36,
O75
37)
Dp, 1O;85;
7)
i,
15s
17
os.
28,
37)
petisle5:
9,
9;
26,
29;
30,
32,
37;
37;
Del zt,
TO;
2:
TS
19,
25;
40,
Charter of Maryland.
veri similiter
existenti
facienda
assignatis
desertores emansores
attincturis
capientibus
honorem et dignitatem
inhabitantes
sui natura
exigunt
redigendos
numerandas
custume
existenti
praefatam Provinciam
terram Marie nuncupatam
venientes et exeuntes
erigende et constituende
mare
hi
tugoriola
flendis
emendacionis
assidendis
ea
vel
Barone
tanta talia
statuto
habito facto edito ordinato seu proviso.
Bacon:
verisimiliter
existentes
faciendi
adds suis
emansores desertores
accincturis
cupientibus
honores et dignitates
ad inhabitantium
sua natura
exigant
redigenda
numerandum
custumas
existentes
praefatae Provinciae
Terra Mariae nuncupatae
venientia et exeuntia
erigendos et constituen-
dos
mari
vel
tuguriola
flenda
emendationem
assidenda
eas
CE
Baroni
talia et tanta
statutum
Bacon: habita facta
edita ordinata seu provisa
inde in aliquo non
maneriis
constituti
existenti
visus
sufficiente
precipiendo
injungendo
heredibus suis
auxilientur ... decet
deducti vel deducendi
imminutione
Bacon:
inde non
maneriorum
constituta
existentes
visum
sufficienti
praecipientes
injungentes
omits suis —
Puts prout decet before
auxilientur
deductae vel deducendae
immutatione
NOTES.
Page 26, last line. have. Qy. “leave.”
Page 33, line 16. will intrench. Should be “ will not.”
Page 35, line 1. should at. Qy. “should know at.”
Page 37, line 10. Laward, for “ De la Warre.”
Page 39, line 16. this month. Qy. “last month.”
Page 58. Gaps are in original. Words in brackets restored from
later copy.
Pace 59. Here and elsewhere the captions in brackets are not in
‘nserted for convenience of reference.
Page 63, line 5. Games. Svc for “ James.”
Page 80, last line. Blanthwait. Sze for “ Brainthwait.”
Page 82. Dots are in original. The scribe of C. B. thus marks an
erasure that has not been written over.
Page 90, line 13. any two Justices. Sze.
Page 90, line 18. discession for “ discretion.”
Page 90, line 6 from bottom. The like Comission. This refers to
commission to Brent (p.88) which this immediately follows in original.
Page 97. The underscoring here and on pp. 107 and 108 is explained
by a memorandum on p. 108.
Page 105. Oath in brackets in original.
Page 134, line 6. Leiut grallis. Qy. “ who is.”
Page 137, line 12. neary, z.¢. “ necessary.”
Page 137. The commission to Cauther is clearly a mere memoran-
dum.
Page 140, line 26. Treary, z. e. “ treasury.”
Page 145, line 1. [Andin case. Bracket in original.
Page 146, line 14. assessed supra. Refers to assessment of Nov. 4.
Page 151, line 13. ennullo. Sze.
Page 164. Here is the gap made by the loss of records in the Ingle
disturbance.
Page 167, line 26. ‘piect, z. ¢. “ project.”
Page 169, line 2. hee shall. Qy. “she,” though her absurd charges
were doubtless prepared by Ingle.
Page 178, line 3 from bottom. becorne. Sze.
Page 179, line 3 from bottom. Pewell for “ Yewell.”
Page 180. The Governor repealed. ‘There seems to be some dupli-
cation here.
Page 181, line 3 from bottom. Oppose the same. Part of original
Liber A was missing when the L. O. R. copy was taken, so the text
cannot be completed. It is the end of the oath of fidelity taken by the
Kent Islanders.
XIV Notes.
Page 187, line 10. Whereas. The text is now taken from original
Liber A.
Page 188, line 12. reinuation. Perhaps “ re-invasion,” but Hill’s Eng-
lish is peculiar.
Page 201. See note to p. 82.
Page 202, line 17. to have hold &c. Repetition in original.
Page 215, line 24. Court of Arms. Sic.
Page 218, line 28. Maryland and. “and his heirs” omitted in ori-
ginal.
Page 221, line 18. our said. “Province” omitted,
Page 222, last line. are....by our. Svc.
Page 223, line 4 from bottom. Some honour. “Honour” was a name
given to a higher kind of Seigniories on which other inferior lordships
depended. Readers of Scott will remember Waverley Honour.
Page 238, line 2. elected for “erected.”
Page 278. The crosses stand for various hieroglyphs and scrawls.
Page 294, line 12. accomptant. Apparently for “a competent.”
Page 313, line 27. 1651 for « 1654.”
Page 324. The first leaf of Liber HH being lost, these instructions
have been completed from a copy in the British Museum.
Page 367, last line. Runa for « runaways.”
Page 377, line 6. to noe other. « purpose” seems wanting.
Page 387, line 10. Kendall for « Fendall.”
Page 415, line 7. as much as for to tenne of. Sie in original. Qy.
“a misfortune.”
Page 422, line 27. allways to be one. Sue.
Page 425, line 14. assume. Probably for “ assure.”
Page 440, line 31. one Councell. “of our” omitted.
Page 447, line 9 from bottom. Widd. 7.¢. « widow.”
Page 449, line 8. Tabbott. Svc. Perhaps the ancient pronunciation.
Page 454, line 8. Crowe for “ Crowne.”
Page 456, line 17. 1662 for “1661.”
Page 457, line 16. his owne, for “its owne.” An interesting survival
of the old genitive.
Page 467, line 20. heires. Svc.
Page 473, line 11, Eaport for « export.”
Page 484, line 7. Mevis. Sze in P.R.O. copy for “ Nevis.”
Page 506, line 4 from bottom. reveiled. Sze. Perhaps “ reiected.”
Page 511, line 13 from bottom. theme for « thence.”
Page 537, line 10. [This is a draft, &c.] Bracketed in P.R.O, copy.
Page 550, line 10. The « terrapin” and “ fox” are rude sketches imi-
tated by the scribe of HH from the totem-signs of the chiefs.
Gib RThR OF Moe ean
Fune 20, 1632.
PT ENT ROE. 3 CHUAKLES T.
Part 3, No. 2594:
IN PUBLIC RECORD OFFICE, LONDON.
Patent Roll. 8 Charles 1. Part 3. No. 2594.
ee concessione sibiet} Rex &c Omnibus ad quos &c salutem.
eredibus Cecilli Baroni . 3
dd strateim ore: f Cum predilectus et perquam fidelis Subdi-
5. tus noster Cecill Calvert Baro de Baltimore
in Regno nostro Hibernie filius et heres Georgii Calvert Militis
nuper Baronis de Baltimore in eodem Regno Hibernie patris
inherens vestigiis laudabili quodam et pio Christiane religionis
pariter et imperii nostri Territoria dilatandi studio flagrans
licenciam nobis ut Copiosam Anglicane Gentis Coloniam
industria et impensa sua ad certam quandam Regionem inferius
describendam in terra quadam in partibus Americe hactenus
inculta et barbaris nullam divini Numinis noticiam habentibus
in partibus occupatis deducere possit, totamque illam regionem
cum certis quibusdam privilegiis et Jurisdiccionibus ad Colonie
sue et Regionis predicte salubre regimen et statum_pertinenti-
bus a regia nostra Celsitudine sibi et heredibus suis dari concedi
et confirmari humiliter supplicaverit Sciatis igitur quod nos
pium et nobile prefatorum Baronum de Baltimore propositum
et studium regio favore prosequentes ex gracia speciali certa
sciencia et mero motu nostris dedimus concessimus et confir-
mavimus et per hanc presentem Chartam nostram pro nobis
heredibus et successoribus nostris prefato Cecilli modo Baroni
de Baltimore et heredibus et assignatis suis damus Concedimus
et confirmamus totam illam partam Peninsule sive Chersonesus
jacentem in partibus Americe inter Oceanum ex oriente et
sinum de Chessopeake ab Occidente a residuo ejusdem per
rectam lineam a Promontorio sive Capite terre vocate Watkins
point juxta sinum predictum prope Fluvium de Wighco
scituato ab occidente usque ad magnum Oceanum in plaga
orientali ductam divisam et inter metam illam a meridie usque
ad partem illam Estuarii de De la Ware ab Aquilone que sub-
jacet quadragesimo gradui latitudinis septentrionalis ab equi-
noctiali ubi terminatur nova Anglia totumque illius terre tractum
infra metas subscriptas videlicet transeundo a dicto Estuario
vocato Delaware Baye recta linea per gradum predictum usque
ad verum meridianum primi Fontis Fluminis de Pattowomack
deinde vergendo versus meridiem ad ulteriorem dicti Fluminis
ripam et eam sequendo qua plaga occidentalis et meridionalis
spectat usque ad locum quendam appellatum Cinquak prope
ejusdem Fluminis ostium scituatum ubi in prefatum sinum de
4 Charter, Fune 20, 1632.
P. R. O. Chessopeak evolvitur ac inde per lineam brevissimam usque
ad predictum Promontorium sive locum vocatum Watkins
point Ita quod totus terre tractus per lineam predictam inter
magnum Oceanum et Watkins point divisus usque ad Promon-
tort'um vocatum Cape Charles et singula sua Appenditia nobis
heredibus et successoribus nostris integre remanencia exceptus
imperpetuum Necnon omnes Insulas et Insululas infra limites
predictos Concedimus eciam et confirmamus eidem Baroni de
Baltimore heredibus et assignatis suis omnes et singulas Insulas
et Insululas ab orientali predicte Regionis littore orientem
versus in mari natas vel nascendas infra decem leucas marinas
ab eodem littore scituatus cum omnibus et singulis Portubus
Navium stacionibus estuariis Fluminibus et Fretis ad regionem
vel Insulas predictas pertinentibus omnesque fundos terre Cam-
pestria silvas montana paludes lacus Flumina estuaria et freta
infra metas terminos et limites predictos scituata seu existentia
cum cujuscunque generis piscium tam Balenarum sturgeonum
et aliorum regalium quam aliorum in mari sinubus fretis vel
Fluminibus infra premissa piscacionibus et pisce ibidem capte
Omnesque insuper Auri Argenti Gemmarum et lapidum pre-
siosorum et alias quascunque sive lapidum sive metallorum
sive alterius cujuscunque rei aut materie venas mineras et
fodinas tam apertas quam occultas infra regionem Insulas seu
limites predictos repertas et reperiendas et hoc amplius
omnium Ecclesiarum quas (crescente Christi cultu et religione)
infra dictam regionem Insulas Insululas et limites predictos
futuris temporibus edificari contigerit patronatus et Advoca-
ciones unacum licencia et facultate Ecclesias Capellas et Oroto-
ria in locis infra premissa congruis et idoneis extruendi et
fundandi eaque dedicari et sacrari juxta leges Ecclesiasticas
regni nostri Anglie faciendas cum omnibus et singulis hujus-
modi ac adeo amplis juribus jurisdiccionibus privilegiis Prero-
gativis regalitatibus libertatibus immunitatibus juribusque regali-
bus et Franchesiis quibuscunque temporalibus tam per mare
quam per terram infra regionem Insulas Insululas et limites
predictos Habendum exercendum utendum et gaudendum
prout aliquis Episcopus Dunelmensis infra Episcopatum sive
Comitatum Palatinum Dunelmensem in Regno nostro Anglie
unquam antehac habuit tenuit usus vel gavisus fuit seu de jure
habere tenere uti vel gaudere debuit aut potuit Ipsumque modo
Baronem de Baltimore et heredes suos Regionis predicte cete-
rorumque omnium premissorum veros et absolutos Dominos
et Proprietarios (exceptis preexceptis) Salva semper fide et
ligeancia ac dominio directo nobis heredibus et Successoribus
nostris debitis pro nobis heredibus et Successoribus nostris
faciamus creamus et constituimus per presentes Habendum
tenendum possidendum et gaudendum predictam Regionem
Charter, Fune 20, 1632. 5
Insulas Insululas et cetera premissa prefato modo Baroni de P- ®. ©
Baltimore et heredibus et assignatis suis ad solum et proprium
opus et usum ipsius modo Baronis de Baltimore heredum et
assignatorum suorum imperpetuum, tenendum de nobis heredi-
bus et Successoribus nostris Regibus Anglie ut de Castro
nostro de Windsore in Comitatu nostro Berk’ in libero et com-
muni socagio per fidelitatem tantum pro omnibus serviciis et
non in capite nec per servicium militare Ac reddendo inde
nobis heredibus et Successoribus nostris duas sagittas Indicas
parcium illarum apud dictum Castrum de Windsore singulis
Annis tradendas in die Martis in Septimana Pasche Aceciam
quintam partem omnis metalli aurei et argenti Anglice of
gould and silver Oare quod infra prefatos limites de tempore
in tempus contigerit inveniri, ut vero predicta Regio sic a
nobis concessa et descripta ceteris omnibus illius terre Regioni-
bus prefulgeat et amplioribus titulis decoretur Sciatis quod nos
de ampliori gracia nostra certa sciencia et mero motu nostris
dictam Regionem ac Insulas in provincia erigendas esse duxi-
mus prout eas ex plenitudine potestatis et prerogative nostre
regie pro nobis heredibus et Successoribus nostris in Provin-
ciam erigimus et incorporamus Eamque terram Marie Anglice
Maryland nominamus et sic in futuro nominari volumus Et
quoniam prefatum modo Baronem de Baltimore totius Pro-
vincie antedicte verum dominum et Proprietarium superius
fecimus et ordinavimus Ulterius igitur sciatis quod nos pro
nobis heredibus et successoribus nostris eidem modo Baroni (de
cujus fide prudencia justicia et provida animi circumspeccione
plurimum confidimus) et heredibus suis pro bono et felici dicte
provincie regimine leges quascunque sive ad publicum ejusdem
Provincie statum sive ad privatam singulorum utilitatem perti-
nentes juxta sanas discreciones suas de et cum Consilio
assensu et approbacione liberorum hominum ejusdem provincie
vel majoris partis eorundem vel eorum legatorum vel deputa-
torum quos ad leges condendas quum et quocies opus fuerit
a prefato modo Barone de Baltimore ac heredibus suis ac in
forma que illi vel illis melior esse videbitur convocari volumus
condendi faciendi edendi et sub sigillo predicti modo Baronis
de Baltimore ac heredum suorum promulgandi easque in
omnes homines infra dictam Provinciam et limites ejusdem pro
tempore existenti vel sub illius vel illorum regimine et potestate
Terram Marie versus navigandos aut inde redeundos extra vel
ad terram Anglie vel extra vel ad aliqua alia dominia nostra
vel aliena ubilibet constitutos per mulctarum imposicionem
incarceracionem et aliam quamlibet coercionem etiamsi oporteat
et delicti qualitas id exigerit per membrorum vel vite priva-
cionem per se prefatum modo Baronem de Baltimore et
heredes suos seu per deputatos locumtenentes Judices Justicia-
6 Charter, Fune 20, 1632.
P.R.O. rios Magistratus Officiarios et Ministros suos secundum
tenorem ac veram intencionem presencium constituendos et
conficiendos debite exequendam Judicesque et Justiciarios
Magistratus et officiarios quoscunque ad quascunque Causas
et cum quacunque potestate et in forma que prefato modo
Baroni de Baltimore vel heredibus suis melior esse videbitur
terra illa ac parcium illarum mari constituendi et ordinandi
crimina item et excessus quoscunque contra hujusmodi leges
sive ante judicium acceptum sive post remittendi relaxandi et
pardonandi et abolendi ceteraque omnia alia et singula ad jus-
ticle complementum Curiasque Pretoria et Tribunalia Judicio-
rum formas et procedendi modos pertinentia eticiamsi de illis
expressa in presentibus non fiat mencio ac in Curiis Pretoriis
et Tribunalibus illis in Accionibus sectis causis et negociis
quibuscunque tam criminalibus quam civilibus personalibus
realibus et mixtis ac Pretoriis procedendi placita tenendi et
terminandi per Judices per ipsos delegatos liberam plenam et
omnimodam tenore presencium concedimus potestatem Quas-
quidem leges sic ut premittitur promulgandas absolutissima
juris firmitate niti et ab omnibus hominibus subditis et ligeis
nostris heredum et successorum nostrorum quatenus eos
concernunt in partibus illis custodiri et sub penis in eisdem
expressis et exprimendis inviolabiliter observari volumus injun-
gimus precepimus et mandamus Ita tamen quod leges predicte
sint racioni consone et non sunt repugnantes nec contrarie
sed (quoad convenienter fieri poterit) consentanee legibus
statutis consuetudinibus ac juribus hujus Regni nostri Anglie
Et quoniam in tante Provincie regimine repentini casus sepe-
numero contingunt quibus necesse erit remedium adhiberi
antequam liberi tenentes dicte Provincie legati vel deputati sui
ad leges condendas convocari possint nec idoneum erit con-
tinuo tali casu emergente tantum populum convocari Idcirco
pro meliori gubernacione tante provincie volumus et ordinamus
Ac per presentes pro nobis heredibus et successoribus nostris
prefato modo Baroni de Baltimore et heredibus suis concedi-
mus Quod prefatus modo Baro de Baltimore et heredes sui
per se vel per Magistratus et officiarios in ea parte debite ut
prefertur constituendos ordinaciones idoneas et salubres de tem-
pore in tempus facere et constuere possint et valeant infra
Provinciam predictam custodiendas et observandas tam pro
Custodia pacis quam pro meliori regimine populi ibidem
degentis easque omnibus quos eedem aliqualiter tangunt seu
tangere possint publice innotescere quasquidem ordinaciones
infra dictam Provinciam inviolabiliter observari volumus sub
penis in eisdem exprimendis Ita quod eedem ordinaciones
sint racloni consone et non sint repugnantes nec contrarie sed
(quoad convenienter fieri potest) consentanee legibus Statutis
Charter, Fune 20, 1632. 7
aut juribus Regni nostri Anglie Et ita quod eedem ordina- P. x. 0.
ciones se non extendunt ad jus vel interesse alicujus persone
sive aliquarum personarum de aut in membro vita libero tene-
mento bonis seu Catallis aliqualiter astringandum ligandum
onerandum seu tollendum Porro ut nova Colonia populi eadem
confluentis multitudine felicius crescat pariter et a Barbarorum
aliorumve hostium Piratarum et Predonum incursibus firmius
muniatur Idcirco nos pro nobis heredibus et Successoribus
nostris omnibus hominibus et Subditis nostris heredum et Suc-
cessorum nostrorum ligeis presentibus et futuris nisi quibus id
specialiter fuerit interdictum se familiasque suas ad dictam
Provinciam cum idoneis navigiis et comeatu congruo transfe-
rendi sedesque suas ibidem collocandi incolendi et inhabitandi
Castraque et Castella seu alia Fortilicia ad prefati_ modo
Baronis de Baltimore et heredum suorum arbitrium pro defen-
sione publica et sua extruendi et muniendi facultatem licenciam
et libertatem damus et Concedimus per presentes Statuto de
Fugitivis vel aliis quibuscunque in contrarium premissorum in
aliquo non obstante Volumus eciam et ex uberiori gracia
nostra pro nobis heredibus et successoribus nostris firmiter
precipimus constitumus ordinamus et Mandamus Quod dicta
Provincia de nostra ligeancia sit Quodque omnes et singuli
Subditi ac ligei nostri heredum et Successorum nostrorum in
prefata Provincia deducti vel deducendi ipsorum et aliorum de
ipsis descendencium liberi ibidem seu jam nati seu imposterum
nascendi sint et erunt indigene et ligei nostri heredum et Suc-
cessorum nostrorum Regni nostri Anglie et Hibernie Ac in
omnibus teneantur tractentur reputentur et habeantur tanquam
fideles legei nostri ac heredum et Successorum nostrorum infra
Regnum nostrum Anglie oriundi Necnon terras tenementa
revenciones servicia et alia hereditamenta quecunque infra
Regnum nostrum Anglie ac alia dominia nostra hereditare seu
aliter perquirere recipere capere habere tenere emere et possi-
dere ac eis uti et gaudere eaque dare vendere alienare et legare
Aceciam omnia libertates Franchesias et privilegia hujus regni
nostri Anglie libere quiete et pacifice habere et possidere eisque
uti et gaudere possint tanquam legei nostri infra dictum Reg-
num nostrum Anglie nati seu oriundi absque impedimento
molestacione vexacione impeticione sive gravamine nostri
heredum vel Successorum nostrorum quorumcunque Aliquo
statuto Actu ordinacione seu provisione in contrarium inde
non obstante Preterea ut Subditi nostri ad expedicionem hanc
prompto et alacri animo suscipiendam incitentur Sciatis quod
nos de gracia nostra speciali ac ex certa sciencia et mero motu
nostris tam prefato modo Baroni de Baltimore et heredibus
suis quam aliis omnibus de tempore in tempus habitandi vel
cum Incolis Provincie predicte Comercium Habendi causa in
8 Charter, Fune 20, 1632.
p.R. 0, Provinciam illam profecturis omnia et singula sua bona tam
mobilia quam immobilia merces et mercimonia Anonam eciam
generis cujuscunque aliaque ad victum et vestitum necessaria
quecunque per leges et statuta Regnorum et Dominiorum nos-
trorum extra eadem Regna deportari non prohibita in quibus-
cunque Portubus nostris heredum et Successorum nostrorum in
Naves imponendi et onerandi et in dictam Provinciam per se vel
servos aut assignatos suos traducenda absque impedimento vel
molestacione nostri heredum vel Successorum nostrorum vel
aliquorum officiariorum nostrorum heredum vel Successorum
nostrorum Salvis nobis heredibus et Successoribus nostris im-
posicionibus Subsidiis Custumis et aliis pro eisdem rebus et
merchandisis debitis et solubilibus plenam tenore presencium
licenciam damus et concedimus Aliquo Statuto Actu Ordina-
cione aut alia re quacunque in contrarium non obstante Quia
vero in tam longinqua Regione inter tot barbaras naciones
positi tam ipsorum barbarorum quam aliorum hostium Pirata-
rum et Predonum incursus veri similiter timeri poterint Idcirco
prefato modo Baroni de Baltimore ac heredibus et assignatis
suis per se vel per Capitaneos aut alios officiarios suos omnes
homines cujuscunque condicionis aut undicunque oriundos in
dicta Provincia de terra Marie pro tempore existenti ad vexilla
vocandi delectus habendi bella gerendi hostesque et Predones
predictos partes illas infestantes terra marique eciam ultra Pro-
vincie sue limites prosequendi eosque (si deus dederit) profli-
gandi et capiendi et captos jure belli occidendi vel pro arbitrio
suo servandi Ceteraque omnia et singula que ad Capitanei
Generalis Exercitus jus et officium spectant seu spectare con-
sueverint facienda adeo plenam et liberam ac quivis Capitaneus
generalis Exercitus unquam habuit dedimus ac pro nobis here-
dibus et Successoribus nostris damus potestatem per presentes
Volumus eciam ac per hance Chartam nostram prefato modo
Baroni de Baltimore et heredibus et assignatis potestatem
libertatem et aucthoritatem damus ut in casu Rebellionis
repentini tumultus aut sedicionis si que (quod absit) sive
super terras infra Provinciam predictam sive super alto mari
in itinere ad dictam Provinciam de terra Marie faciendo vel
inde redeundo oriri contingeret per se vel Capitaneos Depu-
tatos aut alios officiarios suos sub sigillis suis ad hoc deputandos
quibus eciam nos pro nobis heredibus et Successoribus nostris
plenissimam per presentes potestatem et aucthoritatem damus
et concedimus adversarios rerum novarum parcium illarum
Authores seditiosos regimini illius vel illorum se subtrahentes
militiam detractantes transfugas desertores emansores vel
aliter utcunque contra rem morem et disciplinam militarem
delinquentes jure utantur militari adeo libere et in tam amplis
modo et forma prout aliquis Capitaneus generalis Exerci-
Charter, Fune 20, 1632. 9
tus virtute officii sui eo uti possit aut consuevit Porro ne P.R. 0.
viris honeste natis et se ad presentem expedicionem attinc-
turis ac bene de nobis et Regnis nostris pace et bello mereri
capientibus in tam remota longeque dissita Regione omnis
ad honorem et dignitatem via preclusa et penitus obsepta
esse videatur Propterea nos pro nobis heredibus et Successori-
bus nostris prefato modo Baroni de Baltimore et heredibus et
assignatis suis liberam et plenariam potestatem damus favores
gracias et honores in benemeritos Cives infra Provinciam pre-
dictam inhabitantes conferendi Eosque quibuscunque titulis et
dignitatibus (modo tales non fuerint que in Anglia nunc sunt
in usu) pro Arbitrio suo decorandi villas item in Burgos et
Burgos in Civitates Inhabitantes merita et locorum opportuni-
tates cum privilegiis et immunitatibus congruis erigendi et
incorporandi Ceteraque omnia et singula in premissis faciendi
que illi vel illis congrua et opportuna esse videbuntur eciamsi
talis fuerint que de sui natura mandatum et warrantum exigunt
magis speciale quam in presentibus sit expressum Volumus
eciam ac per presentes pro nobis heredibus et Successoribus
nostris prefato modo Baroni de Baltimore heredibus et assignatis
suis omnibusque predicte Provincie Incolis et Inhabitantibus
quibuscunque presentibus et futuris per hanc Chartam nos-
tram licenciam damus et concedimus ut Merces quascunque et
mercimonia ex dicte Provincie fructibus et Commoditatibus
terrestribus vel marittimis redigendas per se vel per servos
Factores aut assignatos suos in quoscunque Portus nostros
heredum et Successorum nostrorum Anglie aut Hibernie libere
inferre et exonerare aut aliter de eisdem ibidem disponere et si
opus fuerit easdem Merces infra unum Annum ab exoneracione
earum continuo numerandas rursus in naves easdem vel alias
onerare et in quascunque voluerint Regiones sive nostras sive
extraneas de amicicia nostra heredum et Successorum nos-
trorum deportare valeant Proviso semper quod tales et talia
Custume et imposiciones Subsidia et telonia nobis heredibus et
Successoribus nostris inde solvere teneantur quales et qualia
reliqui subditi nostri regni nostri Anglie pro tempore existenti
solvere tenebuntur ultra quas et que prefatam Provinciam
dicte terre terram Marie nuncupatam Incolas gravari nolumus
Et ulterius de ampliori gracia nostra speciali ac ex certa
sciencia et mero motu nostris pro nobis heredibus et Succes-
soribus nostris concedimus prefato modo Baroni de Baltimore
heredibus et assignatis suis plenam et absolutam potestatem ct
authoritatem faciendi et erigendi et constituendi infra Provin-
ciam de terra Marie ac Insulas et Insululas predictas tot et tales
Portus marittimos Navium staciones Crecas et alia loca exonera-
cionis et deposicionis bonorum et mercimoniorum e Navibus
Cymbis ac aliis vasibus ac oneracionis in eadem et in tot et
10 Charter, Fume 20, 1632.
. talibus locis et cum talibus juribus jurisdiccionibus libertatibus
et privilegiis ad hujusmodi Portus spectantibus prout ei vel eis
melius videbitur expedire Quodque omnes et singule Naves
Cimbe et alia vasa quecunque causa merchandizandi ad
Provinciam et ex Provincia predicta venientes et exeuntes
ad hujusmodi Portus per dictum modo Baronem de Balti-
more heredes et assignatos suos sic erigende et constituende
solummodo onerentur et exonerentur Aliquo usu con-
suetudine aut aliqua alia re in contrarium non obstante Salva
semper nobis heredibus et Successoribus nostris et omnibus
Subditis Regni nostri Anglie et Hibernie heredum et Succes-
sorum nostrorum libertate piscandi piscem marinum tam in
mare estuariis et fretis et fluminibus Navigio idoneis quam in
Portubus estuariis et Crecis Provincie antedicte ac privilegio
saliendi exsiccandi et arefaciendi pisces in littoribus ejusdem
Provincie et ea de causa buscam et vimina ibidem crescencia
succindere et capere et casas et tugoriola in hac parte neces-
saria extruere prout racionabiliter hactenus usi fuerunt aut
potuerunt Quibus quidem libertatibus et privilegiis dicti subditi
nostri heredum et Successorum nostrorum gaudebunt absque
notabili damno vel injuria prefato modo Baroni de Baltimore
heredibus vel assignatis suis aut ejusdem Provincie Incolis et
Inhabitantibus in Portubus Crecis aut littoribus predictis et
presertim in boscis et silvis ibidem crescentibus aliqualiter
fiendis Et si quis hujusmodi damnum fecerit aut injuriam
gravis indignacionis nostre heredum et Successorum nostrorum
debiteque legum Castigacionis periculum penamque preter
emendacionis subeat Volumus insuper statuimus et ordinamus
ac per presentes pro nobis heredibus et successoribus nostris
concedimus prefato modo Baroni de Baltimore heredibus et
assignatis suis Quod idem Baro de Baltimore heredes et
assignati sui de tempore in tempus imperpetuum habeant et
gaudeant telonia et subsidia in Portubus Navium stacionibus
et aliis Crecis et locis predictis infra Provinciam predictam
solubilia sive emergentia pro mercimoniis et rebus ibidem
onerandis et exonerandis per ipsos et populos ibidem ut
predictum est occasione emergente racionabiliter assidendis
quibus eadem justa de causa debita proporcione assidere et
inducere telonea et subsidia ibidem potestatem pro nobis
heredibus et Successoribus nostris damus per presentes Et
ulterius de gracia nostra speciali ac ex certa sciencia et mero
motu nostris dedimus concessimus et confirmavimus Ac per
presentes pro nobis heredibus et Successoribus nostris damus
concedimus et confirmamus prefato modo Baroni de Baltimore
heredibus et assignatis suis plenam et absolutam licenciam
potestatem et aucthoritatem Quod ipse prefatus modo Baro
heredes et assignati sui de tempore in tempus imposterum
Charter, Fune 20, 1632. II
imperpetuum ad ejus vel eorum libitum et voluntatem possint P. R. 0.
et valeant assignare alienare concedere dimittere vel feoffare
premissorum tot tales et tantas partes et parcellas ea perquirere
volenti vel volentibus quot quales et quantas duxerunt oppor-
tunas Habendum et tenendum eisdem persone et personis ea
capere vel perquirere volenti vel volentibus heredibus et
assignatis suis in feodo simplici vel Feodo talliato vel pro
termino vite vitarum vel Annorum tenendum de prefato modo
Barone de Baltimore heredibus et assignatis suis per tot tanta
talia et hujusmodi servicia consuetudines et redditus quot
quanta et qualia eidem modo Baroni de Baltimore heredibus
et assignatis suis visum fuerit vel placuerit et non de nobis
heredibus vel Successoribus nostris immediate Et eisdem
persone et personis et eorum cuilibet et quibuslibet damus et
per presentes pro nobis heredibus et Successoribus nostris
concedimus licenciam authoritatem et potestatem quod talis
persona et persone premissa sive aliquam inde parcellam de
prefato modo Barone de Baltimore heredibus et assignatis suis
recipere possit et possint ac tenere sibi et assignatis suis vel
héredibus suis de quocunque statu hereditario in Feodo
simplici vel Feodo talliato vel aliter prout eis et modo Baroni
de Baltimore heredibus et assignatis suis videbitur expedire de
eodem Barone de Baltimore heredibus et assignatis suis
Siatuto in Parliamento domini Edwardi filii Regis Henrici
nuper Regis Anglie Progenitoris nostri edito communiter
vocato Statuto Quia Emptores terrarum in regno nostro Anglie
dudum edito Aut aliquo alio statuto actu ordinacione usu lege
vel consuetudine aut aliqua alia re causa vel materia in con-
trarium inde antehac habito facto edito ordinato seu proviso in
contrarium inde in aliquo non obstante Ac eidem Baroni de
Baltimore et heredibus suis particulas aliquas terre infra
Provinciam predictam in Maneria erigere et in Maneriis eorum
singulis habere et tenere Curias Baronis ad omnia que ad
Curias Baronis pertinent et visus Franciplegii ad conserva-
cionem pacis et melius parcium illarum regimen per se et
Seneschallos suos vel aliorum maneriorum illorum cum con-
stituti fuerint dominos pro tempore existenti deputandos
habere et custodire et in eisdem omnibus uti ad visus Franci
plegii pertinentibus licenciam damus et concedimus per pre-
sentes Ac ulterius volumus ac per presentes pro nobis
heredibus et Successoribus nostris convenimus et concedimus
ad et cum prefato modo Barone de Baltimore heredibus et
assignatis suis quod nos heredes et Successores nostri nullo
tempore imposterum aliquas imposiciones Custumas aut alias
taxaciones quotas seu contribuciones quascunque imponemus
aut imponi faciemus aut causabimus in aut super Incolas aut
Inhabitantes Provincie predicte pro bonis terris vel tenementis
» R,
12 Charter, Fune 20, 1632.
. suis infra eandem Provinciam aut super aliqua terras tene-
menta bona seu Catalla infra Provinciam predictam aut in aut
super aliqua bona vel merchandizas infra Provinciam predic-
tam aut infra Portus aut Navium stationes dicte Provincie
onerandas seu exonerandas et hanc declaracionem nostram in
omnibus Curiis et Pretoriis et coram quibus-cunque Judicibus
nostris heredum et Successorum nostrorum pro sufficiente et
legittima liberacione solucione et Acquietancia inde de tempore
in tempus recipi et allocari volumus Ac pro nobis heredibus et
Successoribus nostris jubemus et mandamus precipiendo
omnibus et singulis officiariis et ministris nostris heredum et
Successorum nostrorum et sub gravi indignacione injungendo
ne quid in contrarium premissorum ullo unquam tempore
attemptare audeant aut eisdem ullo modo contraveniant sed
prefato modo Baroni de Baltimore et heredibus suis ac prefate
Provincie de terra Marie Incolis et Mercatoribus predictis
eorumque servis Ministris Factoribus et assignatis in plenissimo
hujus Charte nostre usu et fruicione omni tempore
auxilientur et assistant prout decet Et ulterius volumus ac
per presentes pro nobis heredibus et Successoribus nostris
concedimus prefato modo Baroni de Baltimore heredibus et
assignatis suis et dicte Provincie terre tenentibus habitatoribus
presentibus et futuris et singulis eorum Quod Provincia pre-
dicta terre tenentes vel Incole ejusdem Colonie aut patrie vel
terre Virginie aut alicujus alterius Colonie deducti vel deducendi
membrum vel pars de cetero non habeantur vel reputentur aut
de eisdem dependentes sint aut regimini subsint in aliquo
ipsamque et ipsos ab eisdem separamus et separatos esse
volumus per presentes Ac quod Corone nostre Anglie imme-
diate sint subjecti et de eadem dependentes imperpetuum Et
si forte imposterum contingat dubitaciones aliquas questiones
circa verum sensum et intellectum alicujus verbi clausule vel
sentencie in hac presenti Charta nostra contente generari eam
semper et in omnibus interpretacionem adhiberi et in quibus-
cunque Curiis et Pretoriis nostris obtinere volumus precipimus
et mandamus que prefato modo Baroni de Baltimore heredibus
et assignatis suis benignior utilior et favorabilior esse judica-
bitur Proviso semper quod nulla fiat interpretacio per quam
sacro sancta dei et vera Christiana religio aut ligeancia nobis
heredibus et Successoribus nostris debita imminutione preju-
dicio vel dispendio in aliquo patiantur Eo quod expressa
mencio &c In cujus rei &c Teste Rege apud Westmonasterium
xx° die Junii.
Per breve de Privato sigillo.
DOCUMENTS AND CORRESPONDENCE
FROM THE
PUBLIC” RECORD OFFICE, LONDON,
RELATING TO THE
SETTLEMENT OF MARYLAND.
1629-1637.
George Baltimore to the King. P. R. O.
Colonial Pa-
19. August 1629. pers. Vol.V,
No. 27.
Most Gracious and dread Soveraigne,
Small benefits and favors can speake and give thanks, but
such as are high, and unvaleweable cause astonishment and
silence. I am obliged unto your Majesty for the later in such
a measure as reflecting upon my weaknesse and want of merit
I know not what to say. God Almighty knows who is the
searcher of hearts how myne earnes to sacrifice my self for
your Majesty’s service, if I did but know how to employ my
endevors worthy of that great goodnesse and benignity which
your Majesty is pleased to extend towards me upon all occa-
sions, not only by reaching your Gracious and Royall hand to
my assistance in lending me a faire shipp (for which upon my
knees I render your Majesty most humble thankes) but by
protecting me also against calumny and malice which hath
already sought to make me seeme fowle in your Majesty’s
eyes. Whereas I am so much the more confident of God’s
blessing upon my labours in these plantations (notwithstanding
the many crosses and disasters I have found hitherto) in that a
Prince so eminently virtuous hath vouchsafed to take it into
the armes of his protection, and that those who go about to
supplant and destroy me are persons notoriously lewd and
wicked. Such a one is that audacious man who being banished
the Colony for his misdeeds did the last wynter (as I under-
stand) raise a false and slanderous report of me at Plymouth,
which comming from thence to your Majesty’s knowledge, you
were pleased to referre to some of my Lords of the Councell,
by whose honorable hands (for avoyding the ill manners of
drawing this letter to too much length) I have presumed to
returne my just and true Apologies to your Majesty.
But as these rubbs have beene layd to stumble me there,
(which discourage me not because I am confident of your
Majesty’s singular judgement and justice, so have I mett with
greater difficultyes and encumbrances here which in this place
are no longer to be resisted, but enforce me presently to quitt
my residence, and to shift to some other warmer climate of this
new world, where the wynters be shorter and lesse rigorous.
For here, your Majesty may please to understand that I have
Colonial Pa-
pers. Vol.V,
No. 27.
Colonial Pa-
pers. Vol.
V, No. 4o.
16 Documents relating to the
fownd by too deare bought experience which other men for
their private interests always concealed from me, that from the
middst of October to the middst of May there is a sadd face
of wynter upon all this land, both sea and land so frozen for
the greatest part of the tyme as they are not penetrable no
plant or vegetable thing appearing out of the earth untill it bee
about the beginning of May, nor fish in the sea besides the
ayre so intolerable cold as it is hardly to be endured. By
meanes whereof, and of much salt water, my house hath beene
an hospitall all this wynter, of 100. persons 50 sick at a tyme,
my self being one and nyne or ten of them dyed. Hereupon
I have had strong temptations to leave all proceedings in
plantations, and being much decayed in my strength to retire
my self to my former quiett; but my inclination carrying me
naturally to these kynde of workes, and not knowing how
better to employ the poore remaynder of my days than with
other good subjects to further the best I may the enlarging
your Majesty’s empire in this part of the world I am determined
to committ this place to fishermen that are able to encounter
storms and hard weather, and to remove my self with some 40
persons to your Majesty’s dominion of Virginia, where if your
Majesty will please to grant me a precinct of land with such
privileges as the King your father my gracious master was
pleased to grant me here, I shall endevor to the utmost of my
power to deserve it and pray for your Majesty’s long and
happy raigne as
your Majesty’s most humble
and faithfull subject and servant.
Geo: Baltimore.
Ferryland 19. August 1629.
Governor Pott and others to the Council.
30. November. 1629.
Right honorable,
May it please your Lordshipps to understand, that about the
beginninge of October last there arived in this Colony the Lord
Baltimore from his plantation of Newfoundland, with an inten-
tion as wee are informed, rather to plant himself to the south-
ward, than settle here, although since hee hath seemed well
affected to this place, and willing to make his residence therein
with his whole family. Wee were readyly inclined to render
unto his Lordshipp all those respects which were due unto the
honor of his person, or which might testifie with how much
gladness wee desired to receive and entertain him, as being of
that eminence and degree whose presence and affection might
give great advancement to this Plantation. Whereuppon
Settlement of Maryland, 1629-16 3. , 17
according to the instructions from your Lordshipps and the Colonial Pa-
usuall course held in this place wee tendered the oathes of Res YoLV
Supremacie and Aleidgance to his Lordshipp and some of his oe
followers, who making profession of the Romishe Religion,
utterly refused to take the same, a thing which wee could
not have doubted in him, whose former employments under
his late Majestie might have indeared to us a persuasion, he
would not have made denyall of that, in poynt whereof
consisteth the loyaltie and fidelitie, which every true subjecte
oweth unto his Soveraigne. His Lordshipp then offered to
take this oath a coppy whereof is included but in true discharge
of the trust imposed in us by his Majestie wee could not imagine
that so much latitude was left for us to decline from the pre-
scribed forme, soe strictly exacted and soe well justefied and
defended by the pen of our late Soveraigne Lord King James
of happy memory, and amonge the many blessinges and favores
for which wee are bound to bless God and which this Colony
hath receaved, from his most gracious Majesty, there is none
whereby it hath beene made more happy then in the freedom
of our Religion which we have enjoyed, and that noe papists
have beene suffered to settle their abode amongst us, the
Continuance whereof wee most humbly implore from his most
sacred Majestie and earnestly beseech your Lordshipps that by
your mediations and Councells the same may bee established
and confirmed unto us, and wee as our Duty is with the whole
Colony shall allwaies pray for his Majesty’s long life and eternal
security from whose royall hands this Plantation must expect
her establishment and for whose honor God hath reserved soe
glorious a worke as the perfection thereof.
Wee humbly take our leave
Your Lordshipps very humble servants
John Pott
Sam. Mathews
Roger Smith
W. Claybourne.
The 30% November 1629.
Considerations upon the Patent to the Lord Baltimore Colonial Pa-
dat: 20. Junij. Octavo. Car. [1632.] Rees
Matter of Law.
1. Because the matter of the Petition of the Patentee men-
tioned to be the motive and the cause of the Warrant is (viz:)
that the Region thereby granted was then inhabited and
possessed of the Barbarous Heathen or Sauages.
18 Documents relating to the
Colonial Pa» Is not soe for in truth part of the said Region had bin
Le Roe formerly inhabited by his Majesty’s Subjects which were sent
*~ >" over from the London Colony of Virginia.
2. There is intended to bee granted the Liberties of a County
Palantine and there is noe exception of Writts of Error, or of
the last appeale to the King as by lawe ought to bee.
3. Habend prout aliquis Episcopus Dunelmensis infra et
unquam antehac habuit vel habere potuit; which I think is to
Generall and incerteine because it doth not name any one
certeine Bishopp of Durham to whom it may referr; and the
County Palantine of Durham was altered 27. H. 8. c. 24 that
the Justices must be made in the King’s name and by his
Authority.
4. By the Patent of 20. Apr. 4° Jac. the King doth grant
and agree that Sir Thomas Gates and all such others as are
and shall bee joyned to them of that Colonie shall beegin their
first Plantation where they think fitt, beetweene the 34 and 41
degrees of the said latitude and have 50 Miles from the place
of their First Plantation all alongst the Sea Coaste together
with all the Islands within an Hundred Mile and an 100 Mile
to the Land and none permitted to inhabitt or plant on the
Back of the Colonie fol. 4. & 5.
5. By the Lord Baltimore’s Patent this Election is taken
away and part granted to him (viz) from Walkins point South
which is in the 38 deegree of latitude to Lawares Bay North
which is in the 41 deegree of latitude or thereabouts.
Inconveniences.
1. That the Lord Baltimore hath power to grant any part in
ffee to whom hee please which may bee Aliens, Savages or
Enemies of the Kingdome, and yet their children borne there
shall bee denizens by express words of the Patent. fol: 7 & 8.
2. The Generall power fol: 7. to transport any persons is
void beecause it takes away the Stat: 1° Jac. C. 4. 3 Jac. C 5.
& lest of 3° Car. C. 2. & le generall non obst de fugitivis vel
aliis quibuscunque Stat: will not serve but it ought to have bin
specially mentioned.
It is inconvenient that the Lord Baltimore should have power
to make peace or entertaine warre with any att his and his
heires pleasure and soe to ingage all the rest of the English
Colonies (which as to Strangers cannot bee distinguished the
One Colonie from the other) by his and his heires owne
voluntary Acts which matter is of that Importance as concernes
the utter ruine or essentiall safety of the whole English Planta-
tion in all that Country of America.
4. There is no restraint in the Patent of furnishing the
Settlement of Maryland, 1629-1637. 19
Savages with Armes &c and such like if in Case they should
invade the other Colonies.
5. The power of giveing Honors, Lands, Priviledges and
other Franchises to such as shall take of him will be in short
tyme an Occasion to dispeople the King’s Colonie and to
people his with persons of all sorts whatsoever different from
the other Colonies in Religion Assertion or otherwise.
6. The Lord Baltimore’s Claim of debarring Trade with the
Natives is of that Consequence as will disable all Planters and
discourage all Adventurers which right of Trade doth de mere
Jure as to an Adventurer or Planter in his proper nature
essentially beelonge.
7. Royall and Imperiall Power which is granted in all things
of Sovraignty saveing only Allegiance to the Kings Majestie,
to the Lord Baltimore to bee granted to any Person in ffee
Simple in Places soe remote and where the Kings Subjects are
soe neere Neighbours may prove very dangerous by exalting
the One and decreasing the other, the Counsells reliefe and
Actions of all the other Colonies beeing to depend on soe great
distance as England from Virginia, the Lord Baltimore’s
Colonie haveinge power in themselves to manage their Affaires
free from all dependancy on others.
8. The Power of putting Toll uppon the People in all Ports
though it bee with their Consent is dangerous in Case of A
Subject in soe great a Province.
Matter of Equity for the particular Persons
of the old Company.
1. The Order of the Councell 8. Octob: 1623. A New Grant
directed if &c. for the setling of all private Interests and all
Lands and Franchises as before.
2. 20. Octob: 1623 the Order of the Councell soe much as
concerneth the private Interest noe man shall have any prejudice.
3. The like out of King Jame’s Commission 25. July 22 Jac.
4. A Proclamation 13. May 1° Car. that notwithstanding the
Loyall proceeding his Majestie’s Intent not to impeach the
particular Interest of a private Planter or Adventurer.
s, A Letter from the Lords of the Councell dat: 24 Octob:
1625 to those in Virginia whereby his Majesty’s Intent is
declared to preserve every man’s particular right and the
planters to enjoye theire former priviledges with Addition.
The King’s Commission to Captain Claybourne.
16. May 1631.
Charles by the grace of God Kinge of England, Scotland,
France and Ireland, Defender of the faith. Whereas our
Colonial Pa-
pers. Vol.
VI, No. 58.
Colonial Pa-
pers. Vol.
Wil Tee Nios
32-1.
Colonial Pa-
pers. Vol.
VIII, No.
32-1.
20 Documents relating to the
Trusty and welbeloved William Claybourne one of our Coun-
cell and Secretary of State for our Colony of Virginia, and
some other Adventurers, with him have Condiscended with
our Trusty and welbeloved Councellor of both the Kingdomes
Sir William Alexander Knt our principall Secretary for our
Kingdome of Scotland and others of our loving Subjects, who
have charge over our Colonyes of new Scotland and new Eng-
land to keepe a Course for interchange of Trade amongst
them as they shall have occasion as also to make discoveryes
for encrease of Trade in those parts. And because wee doe
very much approve of all such worthy Intentions and are
desirous to give good encouragement to their proceedings
therein being for the releife and comfort of these our subjects
and enlargement of our Dominions. Theis are to licence and
authorize the said William Claybourne his Associate and Com-
pany freely without interruption from tyme to tyme to trade
and traffique, for corne, furrs, or any other Commodityes,
whatsoever with their ships, men, boates and Merchandises, in
all Seas, Coastes, Rivers, Creeks, Harbors, lands and territo-
ries, in, nere, or about those parts of America for which there
is not already a patent granted to others for the sole Trade.
And to that effect wee require and command you and every
one of you, and particulerly our trusty and welbeloved Sir
John Harvey Governor & the rest of our Councell of and for
our Colony of Virginia to permit and suffer him and them
with their said ships, boates, Merchandises, Cattle, Mariners,
servants and such as shall willingly accompany or be employed
by them, from tyme to tyme freely to repaire and trade, to and
againe in all the aforesaid parts and places as they shall thinke
fit and their occasions shall require, without any stopp, arrest,
search, hinderance or molestation whatsoever, as you any
every of you will answer the contrarie at your perill. Giving
and by theis presentes granting unto the said William Clay-
bourne full power to direct and governe, correct and punish
such of our subjects as shall be under his Command in his
Voyages and discoverys. And for his soe doing this present
shall be a sufficient warrant. yeoven at our Mannor of East-
Greenwich, the sixteenth day of May in the seaventh yeere of
our Raigne 1631
To our trusty and welbeloved our Governor and Councell
of Virginia and to all our Leiutenants of Provinces and Coun-
tryes in America, Governors and others, having any charge of
Colonyes of any of our subjects, and to all Captaines and
Masters of ships and generally to all our subjects whatsoever
which theis presente doe or may concerne.
Settlement of Maryland, 1629-1637. 21
Minutes of the Council for New England. Colonial Pa.
6. November 1632. VI, No. 29.
Touching a new Pattent it was agreed that a Copy should [Extract.]
be taken of the Lord Baltimore’s late Patent of Delaware Bay
in Virginia and that the same shall be delivered unto Sir Henry
Spelman for the better enabling of him to prepaire the New
Pattent.
Order of the Lords Comm” for Foreign Plantation. Colonial Pa-
3 July 1633. ee
At the Starre Chamber the thirde of July 1633.
Present
Lord Keeper Earl of Danby
Lo: Privy Seale Lord Visct Wentworth
Lo: High Chamberlain — Lord Visct Falkland
Earl of Dorset Lord Cottington
Earl of Bridgewater Mr: SectY Windebanck.
Whereas an humble Petition of the Planters in Virginia was
presented to his Majesty, in which they remonstrate that some
Grants have lately been obteined of a great proportion of Lands
and Territorys within the lymitts of the Colonie there being the
places of their Traffique, and so near to their habitations, as will
give a generall disheartning to the Planters if they be divided
into severall Governments, and a Barre to that Trade, which
they have long exercised towards their Supportation and reliefe
under the confidence of his Majesty’s royall and gracious in-
tentions towards them, as by the said Petition more largely
appeareth; for as much as his Majesty was pleased on the
twelveth of May last to refer to the Boarde the consideration
of this Petition, that upon the advice and report of their Lord-
shipps, such order might be taken, as to his Majesty’s wisdom
should seeme best. It was thereupon ordered on the 4" of
June last, that the Business should be heard the seconde Friday
in this Terme, which was the 28" of the last Month, and that
all parties interested should then attend, which was accordingly
performed, and their Lordshipps having heard the Cause, did
then order that the Lord Baltimore being one of the parties,
and the Adventurers and Planters of Virginia aforesaid should
meet together between that tyme and this day and accommo-
date their controversy in friendly manner if it might be, and
likewise sett downe in wryting the propositions made by either
partie, with their severall answers and reasons, to be presented
Colonial Pa-
pers. Vol.
VI, No. 76.
Colonial Pa-
pers. Vol.
VI, No. 78.
22 Documents relating to the
to the Boarde this day, which was likewise accordingly done.
Now their Lordshipps having heard and maturely considered
the sayde propositions, answers and reasons, and whatsover
else was alleaged on either parte, did think fit to leave the Lord”
Baltimore to his Patent and the other Partie to the course of
Lawe according to their desire; but for the preventing of
further questions their Lordshipps did also think fit and order
that things standing as they doe, the Planters on either side
shall have free traffique and commerce each with other, and
that neither parte shall receive any fugitive persons belonging
to the other, nor doe any Act which may drawe a warre from
the Natives upon either of them; and lastly that they shall
sincerely enterteine all good correspondence and assist each
other on all occasions, in such manner as becometh fellow-
subjects and members of the same state.
Ex. F: Dickenson.
The King to the Governor and Council of Virginia
12 July 1633.
Trustie and Welbeloved wee greete you well. Whereas
wee have lately receaved a Petition from your Lordshipp’s
government and the rest of the Planters in Virginia which we
referred to the Lords of our Counsell who upon sundry
deliberate hearings of the Lord Baltimore and those of your
side did order that for so much as concerneth the Lord Balti-
more there should be a mutuall correspondence betweene him
and you, and you should agree in anything that may concerne
‘the good and advancement of that plantation, which order our
pleasure is shall be duly observed on both sides.
Now forasmuch as the said Lord Baltimore intends to trans-
port to that part called Maryland, which wee have given him,
a good number of our subjects who upon their arrivall and
during the infancy of his plantation may perhaps have occasion
to use the friendly helpe and assistance of you, and the rest of
the old Planters there, in many occasions, for theire better
support in that remote part of our dominions wee therefore
well approving his good endevors, and intending the further-
ance of his undertaking, doe hereby will and require you to use
the said Lord Baltimore as well with that Courtesie and
respect, that belong to a person of his rank and qualitie, and
departed from hence with our speciall licence and in our very
good grace and favour as also to suffer his servants and
Planters to buy and transport such Cattell and other commo-
dities to their Colony, as you may conveniently spare at
reasonable rates and in all other things to hold that good
correspondence with him and his planters, and to give them
Settlement of Maryland, 1629-1637. a2
from tyme to tyme such lawfull assistance, as may conduce to
both your safeties and the advancement of the plantation of
those Countries, wherein wee require you and the rest of our
subjects there to joyne unanimously together and to use your
best care and diligence. given under our Signett. at.
Secretary Coke to Admiral Pennington.
19 October 1633.
Sir,
yesterday complaint being made to the Lords at the starr
chamber that a ship which caried men for the Lord Baltimore
to his new plantation in or about New England: was
the Master or Captaine contrairie to gone for Gravesend:
the companie hav taken the oth of allegiance. Their Lo
caused a letter to be written unto you al then
present did subscribe) to make stay of that ship as shee passed
by you in the Downs or else where. In that letter the ship is
called by the name of the Charles of London, but since we are
informed that her name is the Ark of London and that one
Richard Low is Master and Captain Winter hath charge of the
companie. Therefore I thought fit to certifie you with all speed
that, that the ship may not escape by the error of the name so
resting
your assured friend
to serve you
John Coke.
Whitehaule
19. Octob: 1633.
(Endorsed)
For his Majesty’s speciall Service
9
S To my Worthie frend John
cy Pennington Esq’ Admirall ‘H
are of his Maj® ship guarding the a
oS Narrow Seas. a.
® , hast hast =
@ _. hast hast John Coke 5
> i hast hast as
# = hast hast From Whitehall This Ceca:
: th of Octob °c SO. :
co, hast post hast 19" of October at Tenne § BF,
» § hast with of the Cloke in the Boe
3 3 all speede forenoon. received 2 oO Se
ga" at Byshopegate att12, 9 64 &
DE Q
Colonial Pa-
pers. Vol.
VI, No. 78.
Colonial Pa-
pers. Vol.
VI, No. 84.
Colonial Pa-
pers. Vol.
VI, No.-86.
24 Documents relating to the
To the right hon'* the Lords and others of his Maj‘ most
honorable Privy Counsell.
Novemb: 1633.
The humble petition of James Clemants, John Herricke, and
John Smith plaintiffs against Lord Baltimore and Gabriell
Hawley his deputy defendants.
Most humbly sheweing that whereas Gabriell Hawley his
Lordshipp’s deputy did entertayne men and women for Mary-
land part of Virginia and billetted them in the severall houses
of your petitioners at xij? the day. Soe it is that the said
Gabriell Hawley just uppon the poynt of the shippes setting
saile took the men soe entertayned from the said severall peti-
tioners and pretended the Lord Baltimore his Master would
give your petitioners good satisfaction. But they being thus
taken away and your petitioners moveinge his Lordshipp for
their severall paymente, which amounte in all to 60 or there-
aboute (besides some other pertinent chardge) hee the said
Lord Baltimore (for what reasons your petitioners cannot con-
ceive, though they doubt the worse) assigns them over for
payment to the said Gabriell Hawley who is now a prisoner in
the fleet, from whom they cannot expect to gane it.
They therefore humbly pray that your Lordshipps will be
favorably pleased to take it into your Lordshipps considera-
tions, and to take order that your petitioners may receive
_ Satisfaction before my Lord Baltimore’s departure, whose shipp
Colonial Pa-
pers. Vol,
VI, No. 87.
is already falne down, or else it may trench much uppon their
loss and ruin. And your petitioners as in humble duty bound
shall dayly pray &c.
To the right hono”* the Lords and others of his Maj‘** most
hono”* privie Councell.
November 1633.
The humble petition of Sir John Wolstenholme Knight and
other planters with Captaine William Claiborne in Virginia.
Sheweth
That your petitioners have beene at a very greate charge in
transporting of men, cattell discovering of trade, building of
houses, and setling upon an Island, by them named the Island
of Kent within the greate Bay of Chessepian in Virginia.
Which being comprehended within the limitts of the Lord
Baltimore’s Patent obteyned by his Lordshipp since the peti-
tioners said greate charge and setling there.
They most humbly beseech your Honors that it may not bee
taken from them but that they may have your Lordshipps
Settlement of Maryland, 1629-1637. 25
order to enjoy the same with freedome of Trade without any
interruption, and that the said Lord Baltimore may settle in
some other place. And as in dutie bound they will ever
pray &c.
Cecil Lord Baltimore to Sect Windebank
15, 9ept 1634,
Right Honorable,
Since the returne of my shipp from my Maryland plantation,
I was severall times to waite upon your Honor at your house
in London, to have acquainted you how readily Sir John Harvie
complyed with his Maj‘**commands in assisting, all he could
my plantation, which he received in a letter from his Maj"* pro-
cured for me by your Honor. Indeed he hath observed them
in a very dutifull manner to the king and a very noble and
friendly manner unto me, and therefore (seeing it was not my
good fortune to find you in Towne, and my Wive’s lying in
Child bedd detayning me heere for some time) I have entreated
my Bro: Peaseley to waite upon your honor on my behalf and
to be a sutor to you to procure a letter of thankes from the
king to Sir John Harvie, for that which he hath done and
command to continue his care of my plantation: my Bro:
Peaseley will likewise shew your honor some papers which I
lately received from those parts concerning one Clayborne’s
malicious behaviour to me and my plantation there. If your
honor be at leisure to peruse them, and that a letter from the
king may be had you may please to take notice and insert
what you think fitt of that business, in it, for Sir John Harvie’s
encouragement in assisting me against Clayborne’s unlawfull
proceedings there. If a letter from the King may not bee
gotten so suddainly, before the departure of this shipp, by
which I would send it which is already (as I heare) fallen
downe into the Downes, and will sett sayle from thence within
a few dayes; howsoever I humbly beseech you Sir to honor
Sir John Harvie with a few lines from your self, to the afore-
said purpose, as much as your honor shall think convenient :
necessity obliges me to trouble you in this manner, for my
plantation will be in greate danger of being overthrown now in
the infancy of it, if it be not strengthened sometime by such
favourable and lawfull protection as 1 now desire. I beseech
you present my humble service to my Lady; and pardon this
uncivill importunity of mine; for you have not in the world one
that honors you more then does
your honors most affectionate
Warder Castle and humble servant
15 Septem: 1634. Cecilius Baltimore
Colonial Pa-
pers. Vol.
VI, No. 87.
Colonial Pa-
pers. Vol.
VIII, No.
2%.
26 Documents relating to the
Colom alee: Secretary Windebank to Governor Harvey
pers. Vol.
VIII, No. 18 Sept’ 1634.
26. ;
Sir,
I understand from the Lord Baltimore of the favorable assist-
ance, that you (in obedience to his Maj" commandments) have
given to his people, at their first arrivall to plant in those
parts, by vertue of his Maj‘* grant; and as I doubt not, but
the King will take in good part, this your present conformity
to his will and pleasure, as you will perhaps more particularly
understand shortly by his owne Royall Letters, taking notice
thereof to your contentment, so I am assured his Maj** will be
very sensible of any disobedience, or undutifull interpretation
that shall be given to his commands, by any there, when it
proceeds either from faction or pride, presuming of impunity,
by their farre distance from hence, or some other silly hopes
heere, who should know, (if any such there be) that it is the
duty of good subjects to obey and not to dispute their
Souveraign’s commandment, especially if they bee of the
number of those that are trusted with place and governm', from
whom his Maj'* hath reason to expect a more ready conformity,
then from others; and therefore you have done well to assist
the sayd Lord Baltimore’s proceedings in his plantation there,
wherein your humanity to them no less appeared then your
judgement, in conceiving that both plantations may well subsist
together to the benefitt of both. And I do earnestly desire you
to continue your assistance to his Gouvernment and Planters
against the malicious practices of Clayborne, and as they shall
have occasion otherwise for their benefitt and protection, and
shall not be justly prejudiciall to the good of Virginia, in which
you shall much oblige the Lord Baltimore, and mee for his
sake, who will not fayle to acknowledge the courtesies you
shall do his Lordshipp in those parts at my request, in any
thing within the power of
To Sir John Harvey K** Governor
of his Maj" Plantation in Virginia.
Dated 18. Sept’ 1634.
Colonial Pa- The King to the Governor of Virginia
pers. Vol.
VIII, No. 29. Sept" 1634
27,
Trusty and welbeloved wee greete you well. So desirous
wee are of the planting and civilizing of those parts of our
dominions by our good subjects, as wee neither have nor will
have any due means unattempted for the encouragement of
Settlement of Maryland, 1629-1637. 27
such, as (shal bee contented for and the publique benefit and Colonial Pa-
honor of our kingdomes, and for their particular commodity yj ee
to transport themselves thither, and inhabitt that part of (ieee. =
world and as they shall find our continuall care of them in all
occasions; the consideration whereof was a powerfull motive
to us, to grant to the Lord Baltimore a part of that our terri-
tory of Virginia, upon the devolving of the old Companie’s
right therein justly to us, as also in respect of the vastness of
that country, there being land and profitt enough for the enter-
tainment of many thousands and allso for that we judge con-
ceived the difficulties of the worke would easily be overcome by
multitude of hands and assistance, though of different bodies
and societies yet all deriving their Interest from us. And
being now informed that the sayd Lo: Baltimore to his greate
charges hath accordingly begunn a plantation in Mariland,
and that you have readily assisted his planters (in conformity
to our command) at their first descent in those wilde parts,
wherein wee (observe your dutifull obedience) to us and do
take it in good part, giving thanks for the same, wee have
thought good by these our speciall letters to require you to
continue your assistance to them, by suffering them quietly to
enjoy the country and profitt thereof which we have granted
unto the sayd Lo: Baltimore without disturbance or interrup-
tion, and by protecting his planters from the malice and injury
of the Indians, or any other, as also by giving them leave to
buy and transport such necessaries from your Colonies, as you
may conveniently spare, and they have occasion to use; where-
in you shall do us acceptable service, and give them such
releefe in their commendable endeavors, as may both encour-
age them and produce benefitt to your government and plan-
tation. The due performance whereof we expect from you
and the rest of our Counsell and people there, as becometh
good and dutifull subjects, and as you will answer the contrary
dated at Hampton Court: 29° Sept: 1634.
To Sir John Harvey Governor of Virginia.
Petition of William Clobery and others to the King. Ce
? October 1634. VIII, No.
Bz
To the King’s most Excellent Majestie
The humble petition of William Clobery, John De la barre
and David Moorehead. in
Sheweinge that the petitioners by vertue of your Maj"
Commission the coppie whereof is hereunto annexed did sett
Colonial Pa-
pers.
VII,
Bo
Vol.
No.
28 Documents relating to the
to sea Capt: William Claiborne one of the Councell, and Sec-
retarie of Virginia for discoverie of Trade and setlinge planta-
tions in those parts which they have ever since prosecuted to
their greate coste, and charge, in transporting of Cattle, build-
ing of houses, and setling of people upon an Iland, by them
named the [land of Kent, beinge within the greate Bay of
Chesepian in Virginia, and haveing discovered and purchased
the said Iland from the Natives of the said Iland and brought
the said trade and plantation to some perfection, after much
labor, coste and industrie, the Lord Baltimore hath compre-
hended the said Iland within the limitts of his Pattente latelie
obtained from your Majestie since your petitioners greate
charges disbursed and setlinge thereupon intendinge to dispos-
sess the petitioners thereof by some violent or undue proceed-
inge and as the petitioners are now informed by Letters from
them the said Lord Baltimore’s Agents have shott at the peti-
tioners Men and boats goeinge to trade there, and doe endea-
vour to affront and hinder them in their proceedings, which the
petitioners conceive to be much contrarie to your Majestie’s
gracious intentions, that any of your subjects should be put
out of their plantations, discouraged or hindered in soe good a
worke, especially they haveing gone on upon your Maj‘
Comission, and setled the trade and plantation there, at greate
costs and charges before the said Lord Baltimore’s Patent was
granted, and forasmuch as the last shipps that goe this year to
Virginia are now upon departure, and noe other conveyance is
to be had thither in a longe tyme after
May it therefore please your Most Excellent Maj‘* for your
petitioners encouragement in soe good a worke, now againe
to grant them your Majestie’s Comission for Confirmation of
the said former Comission, and to declare therein your Majes-
tie’s gracious pleasure and intentions, that the petitioners and
the said Claiborne shall peaceablie enjoy the said Iland, and
trade (and such other places, as they shall there first settle
upon (before others) freelie without any interruption or moles-
tation, either by the said Lord Baltimore, or any other person,
or persons whatsoever, and if any objection shall be made
against the said Capt: Claiborne, that the same may be deter-
mined by your royall Majestie or the Lords of your Majestie’s
Councell here. And the petitioners as in dutie bound will
dayly pray for your Majestie’s happy Raigne longe to continue.
Settlement of Maryland, 1629-1637. 29
The King to the Governor and Council of Virginia.
8. October 1634.
Signed Charles R.
Trustie and wellbeloved wee greete you well. By a petition
exhibited unto us by our lovinge subjects William Clobery,
John Dela-Barre and David Morehead, wee are given to
understand that whereas by our Commission they had formerly
traded, planted and inhabited an Iland neare to Virginia which
they have nominated the Kentish Iland, and have to their
greate charge not only sent over a good number of people
and Cattle but bought the Interest of the Natives in that Iand.
Nevertheless (as they informe) by pretence of a later pattent
granted to the Lord Baltimore, some of his. Companies have
assaulted them and hurt some of the said Inhabitants, and
endeavour to drive them out and prohibbitt their trade ; which
is contrary to justice and the true intention of our grant to the
said Lord: wee doe therefore heereby declare our expresse
pleasure to bee that the said planters be in noe sort interrupted
in theire trade or plantation by him or any other in his right:
But rather that they bee encouraged to proceed cheerefully in
soe good a Worke. And wee doe require you our- Governor
and Counsell theire, and all other our Governors, Lieutenants
and Officers in any of those Countries in America, to bee
aydinge and assisting unto them, soe as they may peaceablie
enjoy the fruits of their labor. And wee prohibitt as well the
Lord Baltimore, as all other pretenders under him or other-
wise to plantations in those parts to doe them any violence, or
to disturbe or hinder them in their honest proceedinges and
trade there. Given under our Signett at our honnor at
Hampton Court the 8 of October in the tenth yeare of our
raigne 1634.
To our trustie and weellbeloved our Governor and Counsell
of Virginia, and to all our Lieutenants of Provinces and
Countries in America. Governors and others having charge of
Colonies of any of our subjects; and to all Captains and
Masters of Ships and generaly to all our subjects whatsoever
whome these presents doe or may concerne.
Governor Harvey to Secretary Windebank
16. December 1634.
Sir,
I shall put the daye wherein I did that service to my Lord
Baltimore which deserved thankes from your Honor into the
Colonial Pa-
pers.
VII,
33:
Vol.
No.
Colonial Pa-
pers.
VIU,
37
Vol.
No.
30 Documents relating to the
Colonial Pa- accompt of my happie dayes, next unto that day wherein I was
pers.
VETTE
37:
Colonial Pa-
Vol.
No.
pers.
VIX,
64.
Ny designed to doe his Majestie service in this place; and for the
respect I owe to your Honor and for the Noblenes I know to
be in my Lord Baltimore and his designes I doe promise your
Honor to do him and his all the service Iam able: but I must
sincerely let your Honor know that my power heere is not
greate, it being limited by my Commission to the greater
number of voyces at the Councell Table, and there I have
almost all against me in whatever I can propose especially if it
concerne Maryland; and these proceedings of the Councell do
so embolden others that notwithstanding the obligation of
Christianity and his Majestie’s commands to be assisting to
them in their first beginning, many are so averse as that they
crye and make it their familiar talke that they would rather
knock their Cattell on the heads then sell them to Maryland.
I am sorry its not in my power to rule these exorbitant
courses, but for their present accommodation I sent unto them
some Cowes of myne owne, and will do my best to procure
them more, or anything else they stand in need of. This
faction I find greate cause to suspect is nourished from England
for this Summer .came letters to Capt: Mathewes who is the
patron of disorder as your Honor will understand by the
bearer hereof Lieutenant Evelin (and by his comportment in
other matters as your Honor will finde in these papers) upon
the reading whereof hee threw his hatt upon the ground
scratching his head and in a fury stamping cryed a pox upon
Maryland, many Letters and secrett intelligences hee and the
rest of the Councell have especially Claybourne and many
meetings and consultations, for which Letters if I had power
to search, and to examine their Consultations I doubt not but
to find notable combinations; I have written at large of the
estate of this Colonie in my Letters to the Lords in generall
to which I remitt your Honor, humbly craving pardon for my
brevity which is enforced by my indisposition of health at this
tyme, so humbly presenting to your Honor my best service
and respects I take my leave and still will rest.
your Honor’s very affectionate servant
John Harvey.
Virginia 16 of
December 1634.
Captain Clayborne to Secretary Coke
23. May 1635.
Ever honoured Sir,
How unhappy is this Colony to returne to his friends and
welwishers a yearely increase of infelicities, which though they
Settlement of Maryland, 1629-1637. 31
seeme ever at the height, yet new addition arises by some Colonial Pa-
unfortunate accidents. And behold now tumults and broyles, 2 \?h
wrongs and oppressions perpetrated with an high hand and 4.
not without undue courses in the alteration of Government
and such violence acted as hath shewed itselfe in the effusion
of native bloud undoubtedly God will make away for his glory
through the injustice of men and the end will be an establish-
ment of this long languishing Colony. These actions here
befell in a time while I at home was alsoe sett upon on all
sides by my cruell neighbours who have not only trampled over
all right but contemned the express commands of his Majestie
under the protection whereof I deemed myselfe soe safe that I
provided not enough against their violence and soe perished
by security not deeming that I had such enemies or such men
to deale with as would spurne at the King’s Royall Commands
upon them. The particulars, I need not trouble you with these
inclosed Papers and relations will be too much testimony of the
misfortunes that swallow us. It seemes a wonder to me that
Sir John Harvey alwaies left to himselfe without violence
should not gaine a power to reestablish himselfe but all men
were wronged and all men even good and bad had forsaken him.
A strange thing a Governor should soe demeane himselfe for
my part I am ignorant of all these things and my own burthens
are weight enough to presse downe my thoughts. In which I
shall possess patience untill it shall please God to move his
Maj‘ Royall heart and the Lords minds to releive and support
us men oppressed and wronged with as greivous pressures as
ever English men indured at the hands of their Countrymen.
For the future I advise as litle innovation may be done as the
nature of the affaires beare and that they expect with patience
redress from the meanes his Maj'* shall please to appoint. I
desire your Candor may excuse my lynes which I desire to
abreviate rather than to inlarge with the sad events of unhappy
affaires rather coveting to mourne within our owne bosomes
than transferr it to the eares of others. Wee beseech a speedy
signification of his Majestie’s pleasure to abate the fury of our
advesaries. In the interim we put up our supplications to the
King of Kings to deliver us from them. I humbly take my
leave and remaine,
your most humble servant
W. Clayborne.
Eliz. Citty
23°4 May. 1635.
Colonial Pa-
pers. Vol.
AOKI, ANI),
64.1.
16 May, 1631.
17 Aug., 1631.
20 June, 1632.
June, 1633.
27 Mar., 1634.
8 April, 1634.
22 July, 1634.
32 Documents relating to the
A Breviate of Captaine Claiborne’s
Petition to his Majestie.
May 1631 — April 1635.
His Majestie’s Commission was granted to Captaine Clay-
borne and Partners.
The Ile of Kent was planted and soone after purchased of
the Indyans as may appeare.
The Lord Baltimore obteyned a patent of land not cultivated
nor planted.
Upon reference from the Kinge to the Lords. It was
ordered that the Ile of Kent should not be included in Mary-
land Patent and that there should be free Trade.
Maryland was planted.
By proclamation they interdicted trade, surprised boates,
some out of their lymitts.
The Lords wrott Letters to the Councell of Virginia, that his
Maj'* out of his royall favor was pleased to let them knowe
_ that it was not intended the interest by which men had setled
8 Oct., 1634.
5 April, 1635.
April, 1635.
Colonial Pa-
pers. Vol.
VIII, No. 4.
should be impeached, but to enjoy their estates and trades, yet
this the Marylanders denyed.
Upon Complaints his Maj'® was pleased to confirm the said
Commission by his royall Letters, declaring that it was contrary
to Justice, and his Maj‘** intention in the said Lords Patent,
commanding them not to molest us, yet they slighted the
Commission, and Letter, and thou gh they were made acquainted
with them, tooke our boates and goods.
By this meanes we were brought to extreme want of Corne
that some were nere starved; and thereupon sending a small
boate to redemand our vessels, they slew 3 of our men and
hurte 3 more.
They have ever since hindered us in our Trade. They have
accused the petitioners unjustly of many crimes and conspired
against him, to his utter undoeing as he can make appeare.
Order of the Governor & Council of Virginia
14 March 1634.
Present
Sir John Harvey K' Gov" |
Capt John West Cap' John Utie
Cap‘ Sam" Mathew Cap! Thos. Purfry
Cap Claiborne Capt Hugh Bullock
M: W™ Farrar Capt W™ Perry
Settlement of Maryland, 1629-1637. 23
Captain W™ Claiborne requested the opinion of the Board, Colonial Pa-
how he should demean himself in respect of the Lord Balti-
more’s Patent and his deputies now seated in the Bay for that
they had signified unto Captain Claiborne that he was now a
member of their plantation and therefore should relinquish all
relation and dependance on this Colony. It was answered by
the Board that they wondered why there should be any such
question made, that they knew no reason why they should
render up the Right of that Place of the Isle of Kent more
than any other formerly given to this Colony by his Maj‘*
Patent, and that the right of my Lords Grant being yet un-
determined in England, we are bound in duty and by our
Oaths to maintaine the Rights and Priviledges of this Colony.
Nevertheless in all humble Submission to his Majestie’s Pleasure
we resolve to keep and observe all good Correspondency with
them, no way doubting that they on their parts will intrench
upon his the Interests of this his Majesty’s Plantation.
Captain Mathews to Sir John Wolstenholme.
25. May 1635.
Honored Sir,
I have made bold to present you with divers passages con-
cerning our late Governor by the hands of my worthy friend
Sir John Zouch. But such was the miserable condition we
lived in that it dayly gives just occasion of new complaints
which I doe hereby presume to acquaint you withall which I
beseech you to creditt as they are true in every particular.
Sir you may please to take notice that since Sir John Harvie
his deteyning of the Letters to his Majestie, the Lords and
others concerning a Contract of which Sir John Zouch had
onely bare Copies such as the Secretary would give without
either his or the Clarkes hand Nothwithstanding he promised
me to certefie them under his hand where upon Sir John Zouch
declared before his departure that it was not safe for him to
deale as Agent in the Cuntreyes affaires as they had desired
him to doe having no warrant for his proceedings. And there-
fore desired that if the Colony would have him deale therein
for them They should give him further authority under their
hands. To that purpose when a Letter was drawen and carried
to the Burgesses to subscribe. The Consideration of the wrong
done by the Governor to the whole Colony in detayning the
foresaid Letters to his Majestie did exceedingly perplex them,
whereby they were made sensible of the miserable condition of
the present Governor wherein the Governor usurped the whole
power in all causes without any respect to the Votes of the
Councell whereby justice was now done but so farr as suited
pers.
Vol.
VIII, No. 4.
Colonial Pa-
pers.
VII,
65.
Vol.
No.
34 Documents relating to the
Colonial Pa- with his will to the great losse of many mens estates and a
pers.
VII,
65.
Vol.
No.
generall feare in all, They had heard him in open Court revile
all the Councell and tell them they were to give their attendance
as assistants onely to advise with him which if liked of should
pass otherwise the power lay in himselfe to dispose of all
matters as his Majestie’s Substitute. Next that he had reduced
the Collony to a great straight by complying with the Mary-
landers soe farr that betweene them and himselfe all places of
trade for Corne were shutt up from them and no meanes left
to relieve their wants without transgressing his Commands
which was very dangerous for any to attempt. This want came
upon us by the increase of above 2,000 persons this yeare to
the Colony as alsoe by an unusuall kind of wevell that last
yeare eate our Corne (againe they saw a daungerous peace
made by him with the Indians against the Councell’s and
Cuntreye’s advice that although the Indian had offered any
insolent injuries, yet he witheld us from revenging ourselves
and had taken of them satisfaction for many Hoggs, of which
in one place a Lyst was brought in of above 500: which satis-
faction the Interpreter justifies he had received for the Gov-
ernor’s owne use. The Inhabitants also understood with Indig-
nation that the Marylanders had taken Capt: Clayborne’s
Pinnasses and men with the goods in them whereof they had
made prize and shared the goods amongst them, which action
of theirs Sir John Harvey upheld contrary to his Maj'** express
Commands in his Royall Letters and the Letters of the Lords,
which Letter from his Majestie he did not communicate to the
rest of the Councell though Capt: Clayborne in his Petition had
directed them to the whole Board, But said they were surrep-
titiously gotten. Sir these and infinite number of perticular
mens injuries were the grounds of their griefe and the occasion
of the Petition and Letter that they exhibited to the Councell
for some speedy redress of these evills which would otherwise
ruine the Colony. These generall grievances made some of
the people meet in some numbers and in an unlawfull manner
yet without any manifestation of bad intents only desires to
exhibit their complaints as did appeare upon strict examination
though Captain Purfrey had in a Letter accused them in a
neare sense to rebellion, which since he denyed under his owne
hand being usuall with him to affirme and deny often the same
things. The Governor having Intelligence of this Petition
grew enraged and sent out his warrants to apprehend the
Complaynants which some of the Councell accordingly executed,
upon these appearances he himselfe only constituted a new
Sheriff at James Citty a defamed fellow to whom he committed
the keeping of the Prisoners in Irons, Some of them desiring
the cause of their Committment to whom he answered that
Settlement of Maryland, 1629-1637. 35
they should at the Gallowes, presently the Councell being Colonial Pa-
called together he declared it necessary that Marshall law
should be executed upon the Prisoners. But it was desired
they might have legall tryall soe growing into extrerne Coller
and passion after many passings and repassings to and fro at
length sate downe in the Chayre and with a frowning Counte-
nance bid all the Councell sitt. After a long Pause he drew a
Paper out of his Pockett and reading it to himselfe said to the
Councell, I am to propound a question unto you. I require
every man in his Maj‘ name to deliver his opinion in writing
under his hand and no man to advise or Councell with the
other but to make a direct answer unto this proposition (which
is this) What doe you thinke they deserve that have gone
about to persuade the people from their obedience to his
Maj'* Substitute, And to this I doe require you to make your
present Answer and no man to advise or interrupt with other.
And I begin with you M* Menefie ; who answered I am but a
young Lawyer and dare not upon the suddain deliver my
opinion. The Governor required that should be his Answer
under his hand, M' Farrar beganne to complaine of that strong
command, the Governor cutt of his speech saying in his
Majestie’s name I command you not to speake till your turne ;
Then myselfe replyed I conceive this a strang kind of pro-
ceeding, instantly in his Maj‘** name he commanded me silence.
I said further there was no President for such a Command
whereupon he gave me leave to speake further. But it was by
a Tyrant meaning that passage of Richard the third against the
Lord Hastings, after which relation the rest of the Councell
begann to speake and refused that course. Then followed
many bitter Languages from him till the sitting ended. The
next meeting in a most sterne manner he demanded the reason
that wee conceived of the Cuntreye’s Petition against him.
M: Menefie made Answere the cheifest cause was the detayning
of the Letters to his Maj'*® and the Lords. Then he rising ina
great rage sayd to M" Menefie and doe you say soe? he
replyed yes; presently the Governor in a fury went and
striking him on the shoulder as hard as I can imagine he could
said I arrest you of suspicion of Treason to his Majestie.
Then Captain Utie being neare said and wee the like to you
Sir. Whereupon I seeing him in a rage, tooke him in my
Armes and said. Sir there is no harme intended against you
save only to acquaint you with the greivances of the Inhabitants
and to that end I desire you to sitt downe in your Chayre.
And soe I related to him the aforesaid greivances of the Colony
desiring him that their just complaints might receive some
satisfaction which he altogether denyed soe that sitting ended.
After wee were parted the Secretary shewed a Letter sent up
pers. Vol.
Vill, No.
65.
Colonial Pa-
pers.
VIII,
65.
Vol.
No.
36 Documents relating to the
by Captain Purfrey to the Governor which spake of dangerous
times that to his knowledge the wayes were layd, which when
wee had considered with the things before specified wee much
doubted least the Inhabitants would not be kept in due
obedience if the Governor continued as formerly and soe
acquainted him therewith. The which opinion of ours he
desired under our hands the which being granted him he was
requested the sight of his Maj Commission; and the same
being publiquely read, (notwithstanding any former passages)
wee of the Councell tendred the Continuance of our assistance,
provided that he would be pleased to conforme himselfe to his
Majestie’s pleasure expressed by his Commission and Instruc-
tions, the which request was in no part satisfied, whereupon
being doubtfull of some Tyrannical proceedings wee requested
the Secretary to take charge of the Commission and Instruc-
tions untill wee had time to consider of a safe course for the
satisfying of the Inhabitants Petition and the safety of the
Governor's Person which by reason of Captain Purfrey’s Letter
wee conceived to be in some danger whereupon we appointed
an Assembly of all the late Burgesses whereby they might
acquaint us with their greivances as may appeare by their
Petition, wee broke up for that meeting with a resolution to
returne againe within six dayes having acording to Sir John
Harvey’s desire, appointed a sufficient Gard for the safety of
his Person, within three dayes after he departed from James
Citty and went unto the Mills to the house of one William
Brockas whose wife was generally suspected to have more
familiarity with him then befitted a modest woman, where he
thought himselfe soe secure that he dismissed his guard.
Soone after the Councell and Burgesses acording to the time
prefixed mett at James Citty. But before wee entered upon
any business the Secretary shewed us a Letter which he had
received that morning from Sir John Harvie (the true Coppie
whereof I have here inclosed) And notwithstanding his threats
therein the Assembly proceeded acording to their former
Intentions. The next morning the Secretary shewed us
another Letter from Sir John Harvie wherein he had required
him to redeliver him his Majestie’s Commission and In-
structions charging him upon his Alleagance to keepe secresie
therein. But the Councell had before thought of his late
practises with the Secretary concerning the detayning of the
former proceedings had committed the charge of the Com-
mission and Instructions to M' George Menefie untill all
differences were setled. And for the effecting of the same
wee proceeded to give a hearing unto the greivances of the
Inhabitants which were innumerable; and therefore it was
thought fitt that their generall greivances only should be pre-
Settlement of Maryland, 1629-1637. a7
sented unto the Right hono”* the Lords Commissioners for Colonial Pa-
plantations, omitting particular complaints which would have \iyj noe
been over tedious untill a fitter opportunity. Sir wee were 65.)
once resolved not to proceed to the Election of a new Governor
but finding his Maj''** Commands to the Contrary that upon
the death or absence of any Governor to make a new Election.
Therefore untill wee heare of his Maj‘ further pleasure wee
have made choice of Capt: John West an auntient Inhabitant
who is a very honest Gentleman of a noble family being
brother to the Lord Laward sometimes Governor of Virginia.
I beseech God to direct his Maj'* in appointing of some
worthy, religious Gentleman for to take charge of this his
Colony and I doubt not by God’s assistance and the industry
of the people but Virginia in few yeares will flourish, You
may please to take notice that Capt: Clayborne two days
since repayred unto us for redress against the oppressions of
the Marylanders who have slaine three and hurt others of the
Inhabitants of the Ile of Kent. Notwithstanding their know-
ledge of his Maj‘ late express Letter to command freedome
of Trade the true Copie whereof I have here inclosed. I doe
believe that they would not have committed such Outrages
without Sir John Harvie’s instigation however in conformity to
his Maj‘ command wee have entreated Capt: Utie and Capt:
Peirce to sayle for Maryland with Instructions and Letters from
the Governor and Councell desiring them to desist their
violent proceedings promising them all fayre correspondencie
on the behalfe of the Inhabitants of the Ile of Kent untill wee
understood his Majt* further pleasure. In the meane time
we rest in expectation of their Answer acording to which wee
intend to proceed. In the which I beseech God to direct us
for the best. I conclude with an assured hope that Sir John
Harvie’s returne will be acceptable to God not displeasing to
his Majt* and an assured happiness unto this Colony wherein
whilst I live I shall be ready to doe you all the true Offices of
a faythfull freind and servant.
Sam: Mathews.
From Newport Neewes
this 25° May. 1635.
Order of the Privy Council Colonial Pa-
2. July. 1635. ae ace
At whytehall the seconde of July 1635. 69.
Present
Lorde Archbishop of Canterburie
Lo: Privie-Seale Lord Cottington
Er: of Dorset M: Secret: Windebanck.
Colonial Pa-
pers.
Vol.
VII, No.
69.
Colonial Pa-
pers.
WAUNE
73:
Vol.
No.
38 Documents relating to the
Whereas it appeareth that the Colonie in Virginia is full of
contentions, and they of the Counsel there divided by faction,
whereof, and of the refractarie and insolent caryage of sundrie
persons, Sir John Harvey Governor of the said Colonie hath
complained to the Lords Commissioners by sundrie Letters,
charging some of them also with open contempt of his Maj"
autoritie, besides the injuries done by them to the Lord Balti-
more, to the greate disturbance and detriment of his Plantation
in Maryland, especially by Willyam Cleybourne; and they of
the other partie, doe nolesse complaine of wrongs done to
them. The said Lords Commissioners considering the dan-
gerous consequence of such contentions, tending to the dis-
service and dishonor of his Maj*, and to the desolation and
ruine of the aforesaid Colonie, after the spending of so manie
yeares, and of so greate a masse of monyes, that have bene
employed thereon, doe therefore hereby require his Maj‘
Attorney generall to call before him, and examine the peti-
tioners on both sydes, who are here, with all convenient
expedition; and they do lykewise order, that for the better
discoverie of the truth, all the Letters written by Sir John
Harvey, and the other wrytings of that subject, shal be
delivered to him his Maj'* said Attorney, by the Clerke of the
Counsell who attendeth the Commission (to be returned back
when hee hath made full use of them) and that having perused
the same and heard the allegations on both partes, he shall
certifie their Lordships thereof, particularly in wryting, together
with his opinion at their next sitting.
Ex. J. Dickenson
Governor Harvey to Secretary Windebank
14. July 1635.
Right Honorable,
I doubt not but that your Honor will admire at my comming
from my charge without any licence or other directions from
his Maj"* or the Lords; But it may please your Honor to calle
to mynde howe that in my last Letter concerning the affayres
of Virginia, I signified that the Assemblies being composed of
a rude ignorant, and an ill conditionde people, were more
lykelye to effect mutinye then good lawes and orders,
especiallie whilest the Councell gave them such examples ;
what I then feared I soone after founde, (but I must confess)
their exorbitances have by much exceeded my expectation ; for
presently after the departure of the ships, (having received an
information of sum mutinous Assemblies I sent for the
Councell, as also warrants for the apprehending of the chieff
Settlement of Maryland, 1629-1637. 39
mutineers; the Councell I called for theyr Advice in so Colonial Pa.
dangerous a business; But I found them so farre from intend-
ing any good, that they came armed with a strength to surprise
mee; and laying violent hands upon mee, charged mee with
Treason, for going about (as they sayde) to betray theyr Forte
into the hands of theyr Enemies of Marylande, telling mee that
I must resolve my selfe to goe presently into Englande, Theare
to make Answer to the Countries Complaints agaynst mee,
forthwith setting at libertie such of the mutiny whome I had
caused to be layd fast in irons. In the next place they called
an Assembly of the Burgesses and sum few dayes after made
a new Governor, my self being yet resident in the Countrie ;
a large account of all theyr proceeds, I shall with all convenient
speed in person render unto your Honor, in the meane tyme I
thought these but of Dutye. As also to signifie to your Honor,
that landing at Plimouth the 24" of this month I have made
use of the Autoritie of the Mayor of the Place, to fasten upon
two persons which came in the ship with mee, the one a person
principally employed up and downe the Collonie) to persuade
the Inhabitants to subscribe to a cabball of pretended griev-
ances agaynst mee, the other expressly sent with Letters from
the Councell and theyr unlawfull Assemblie to theyr Agents
and abettors in Englande; I have also used the same meanes
to fasten upon theyr Letters, which being brought to view no
doubt but already the malice of theyr rebellions, Actions and
Intentions may be truly discerned; and it is to be feared that
they intend no less then the subjection of Maryland, for whilest
I was aborde the ship, and readie to depart the Collonie, theare
arrived Capt: Claborne from the Ile of Kent, with the newes
of an hostile encounter twixt sum of his People and those of
Marylande ; and Captaine Francis Hooke tould mee that by
the relation of sum of Captin Claborne’s owne companye, it
was they that sought out the Maryland Boates, which were
trading among the Indians and twice assaulted them, and that
theare were sum hurte and slayne on bothe sydes, and at
Captin Claborne’s request two of the Councell were dispatchd
for Maryland, with a message, unto which, if those of Maryland
condiscend not, they intend to supplant them, and to send them
home as they have don mee, I presume M* Kemp’s letter will
more fully informe your Honor therin After many troubles
and a wearisom passage I am bound to repose a day or two I
will hasten up to render an account to your Honors of all
matters, concerning my Trust, in the meane tyme I rest,
Most readie to obey
your Honors commands
John Harvey.
Plimouth the 14" of July
1635.
pers.
VII,
73-
Vol.
No.
Colonial Pa-
pers. Vol.
VILE No:
84.
Colonial Pa-
pers. Vol.
IDS INI@s Fh
40 Documents relating to the
Lord Baltimore’s Memorial
22. December 1635.
That his Maj'* will be pleased to give order that Cap: John
West, Samuell Mathews, John Utye, and William Pearce, bee
sent for into England to answer theyr misdemeanors they
beinge the Prime actors in the late Mutenye in Virginia.
To give warrant to M* Atturney Generall to draw a newe
Commission for Sir John Harvey for the Government of
Virginia, with an Enlargement of his powers.
That itt may be referred to M* Secretarye Windebanke to
prepare such Instructions for Sir John Harvey as shal be fitt
for his Maj'*s service in Virginia.
The Lord Baltimore desires that M’ Secretary Windebanke
wil bee pleased if any Petition or question should be made
touching Maryland to gett it referred, to bee examined in
the Countrye, in regard noe profe can heare be made of the
truth, But if that cannot be done, then to move the kinge to
heare itt.
Governor West to the Lords Comm* for Plantations.
28 March 1636.
Most Reverent and Right Honorable,
Within few dayes after Sir John Harvey had expressed his
Intent to the Councell heere of departing the Colonye, we
opened his Maj'ss Commission wherein we found ourselves
injoyned in case of vacancy, whither by death or occasioned by
publige or private affayres to elect among our Number one to
supply the place untill further Command eyther from his
Maj'* or your Lordshipps received, which choice made by plu-
ralitye of voices his Maj"** Commission expressly ratifies. The
Councell with one consent were soe pleased as to fasten theire
votes on mee, to which the peoples’ suffrages as willingly
condiscended. Neyther was presumption the cause of soe
hastye a choice before Sir John Harvey was out of the Capes,
as it is injuriously objected by some, but I hope your Honors
will conceive a truer and a more direct reason necessitated it,
for wee deferred the election untill the last day and hour of
the Counsell’s sitting after which tyme it was impossible to
effect it with a full conformity to his Maj'*s Commission, and
reserving our duetye of information to your Lordshipps, the
dwellings of some of the Counsell being remote one hundred
miles from others of them, and from the place of the shipp’s
riding, that one ship, being the last of that yeare, left in the
river soe that unless we had then made our choyce we could
not for want of the full number of the Counsell have duely
Settlement of Maryland, 1629-1637. 41
performed it, neyther could wee have given your Lordshipps a
satisfaction, that wee had still preserved the old forme of gov-
ernment prescribed by his Maj'*, which we are resolved soe
punctually to observe that as formerly wee have ingaged our-
selves to your Lordshipps wee shall not untill further Instruc-
tion swerve from thence though but in things indifferent. If
by your Lordshipps’ favorable mediation it shall please his
Maj‘* to confirme the Act of the Countrye I shall to my
uttmost express my self a faythfull and zealous servant, or
otherwise with as devoted a submission be ready to give up
my charge where his Maj'* shall place it. Your Lordshipps
may please to be informed that the Colony, hath this yeare
received an increase of one thousand six hundred and six per-
sons, but I find withall that much imputation undeserved lyeth
upon the Countrye by the Merchant’s crime, whoe soe pester
theire ships with passengers that through throng and noysome-
ness they bring noe lesse then an infection among us which is
soe easily to be distinguished from any cause in the malignitye
of the clymate, that where the most pestered shipps sent their
passengers they carry with them almost a generall mortallitye,
which my duetye therefore preferrs to your Lordshipps’ serious
consideration. Without infringing his Maj" grant to the
Lord Baltimore wee have taken the nearest course for avoyd-
ing of further unnaturall broiles between them of Maryland,
and those of the Ile of Kent. As we find those of Maryland
in our Limit we bind them in deep bonds, to keepe the king’s
peace towards those of the Ile of Kent, as alsoe Capt: Clay-
borne the Commander of the Ile of Kent towards those of Mary-
land. As further Cause shall require, your Honours shall
receive an accompt from
your Lordshipps Humbly devoted servant
John West.
Point Comfort this 28"
of March 1636.
Lord Baltimore to Secretary Windebank.
25 February 1637. [1632].
Right Honorable,
Since I waited on you, I have (heere in the Country) further
considered of the proposition which I made unto your Honor,
concerning the advancement of his Maj"* service in Virginia,
and I have desired my Brother Peaseley to acquaint you with
my resolution in it; which I will infallibly performe, if his
Maj, please to accept of it, for you may be most assured that
I would not ingage my creditt in a business of such import-
ance and especially to such persons; before I were very well
Colonial Pa-
pers. Vol.
IX, No. 7.
Colonial Pa-
pers. Vol.
IX, No. 42.
Colonial Pa-
pers. Vol.
IX, No. 42.
Colonial Pa-
pers. Vol.
IX, No. 45.
42 Documents relating to the
assured of my ability to performe, with ample satisfaction what
I undertake. I do presume by him, also, to propose unto you
a way of moving the king in this business; such a one as I
conceive, may be most likely to take effect, or in case, his
Maj"*, for private reasons, approve not of the proposition, the
refusall of it, in that way, will, I conceive, be less prejudiciall to
me: but this I humbly submitt to your better judgement. If
the buisness take effect, as the king will receive a greate
benefitt by it, so will it be of good consequence to me, which I
shall accordingly acknowledge to your honor, and besides I
shall thereby be inabled to do you such further service as shall
make me appeare unto you a really gratefull man.
Iam much your debtor Sir, for former favours and in espe-
ciall for your present care of my Newfoundland buisness that
concernes me very much, which I shall likewise really acknow-
ledge to you; for I know by good experience your noble integ-
rity and favour to me to be such, as that you will by the best
of your Indeavours protect and preserve from injury
your honor’s most affectionate
and humble servant
C. Baltimore.
Warder Castle 25" Feb: 1636.
Memorial of Lord Baltimore to Sec.y Windebank
[March 1637.]
The Lord Baltimore having considered of the discourse that
was betwixt M' Secretary and himself, concerning his desire to
do his Majestie service in Virginia doth conceive (with submis-
sion to M*Secretary’s better judgement) this to bee a fitt way
to propound the matter to the king.
That M* Secretary may bee pleased to take notice to his
Maj‘* how sensible he hath often found the Lord Baltimore to
bee, for the greate favors hee hath received from the King, in
his late occasions, and how desirous hee is to do him some
acceptable service, wherein hee may express his duty and grati-
tude to his Majesty.
The consideration whereof hath invited him, to take some
paines to informe himself of the present state of Virginia,
whereof hee hath acquired so much knowledge, as hee well
understands the great prejudice the King suffers there, by not
receiving so much profitt from thence, as he ought to have, and
is due; whereupon hee did assure M' Secretary that hee would
undertake to improve his Maj‘ Revenue from thence eight
thousand pounds yearely, more then now he received for, or,
by reason of that plantation, and this his Lordship will do,
without laying any new, or other taxe or imposition on the
Planters, then what they now do, and will most willingly pay.
Settlement of Maryland, 1629-1637. 43
But because this advancement of the King’s revenue in Colonial Pa-
Virginia cannot bee effected, unless the Lord Baltimore do
repaire and reside some time there, which he cannot with his
safety well do, except hee bee authorised and enabled by
having the government of that country, whereunto, though
M Secretary perceives the Lord Baltimore hath no ambition
or affection, yet for the advancement and perfourmance of this
service hee doth verily thinke, that upon his Maj‘ command
the Lord Baltimore would accept of the government, and two
thousand pounds yearely for the support thereof, payable out
of that improvement of Rent, and tor that purpose would so
accommodate his private occasions heere, as hee mought bee
ready to transport himself thither, with as much speede as his
Maj* and this service required. And that if his Maj'* were
pleased to speake with the Lord Baltimore, hee would upon
signification of his pleasure, make his present repayre from
the Country, to give him perticular and perfect satisfaction, of
the meanes and manner, to raise this increase of Revenue.
Petition of Lord Baltimore to the King.
? May 1637.
To the Kings most Excellent Majestie
The humble Petition of Cecil Lord Baltimore.
Shewing :
That whereas your Majesty was graciously pleased in the
8" year of your Raigne to grant unto your Petitioner and his
heires under the great Seale of England, a tract of land neare
adjoining to Virginia, which in honor of our most gracious
Queene, you were pleased in the said Charter to call by the
name of the Province of Maryland, and therein alsoe to grant
unto your said Petitioner, severall priviledges and immunities
together with the Jurisdiction and Government of the said
Province for his better incouragement to proceed in the plant-
ing thereof; having by express words therein the soveraigne
dominion and the Allegeance due unto your Maj"* your heires
and successors.
And whereas your Subject is informed that upon a repre-
sentation and petition lately exhibited to your Maj'* for the
renewing of a Virginia company, you have been pleased to
grant their request therein; and although your Maj"* out of
your gracious favour and care of your Petitioner, hath as he is
given to understand, been pleased to signify your pleasure att
the Councell Boord, that you will not have your Petitioner's
Interest in the soyle and land of the said Province of Mary-
land, any way impeached by the said intended Grant of the
new Corporation, yet that your Maj* doth intend thereby to
pers. Vol.
IX, No. 45.
Colonial Pa-
pers. Vol.
IX, No. 54.
44. Documents relating to the Settlement of Maryland, &c.
Colonial Pa- infringe the aforesaid jurisdiction and government thereof
Ix, No ce granted as aforesaid to your Petitioner, without which it will
*"°"be impossible for him to make any profitt or benefitt by his
said Plantation, according to your Maj'* gracious intentions
towards him, which by many reasons may be made evident.
And your Subject is confident your Maj‘* will not give way to
a thing so notoriously tending to his destruction, especially
considering that his said Grant was passed unto him after
many References had there upon to divers of the Lords of
your honorable Privy Councell, who both before and since the
passing of it have oftentymes notwithstanding all the objec-
tions to the contrary allowed and confirmed the same unto
him; whereupon and in confidence of your Maj'* royall Justice
and favor for his quiett enjoyment of it, he hath employed the
greatest part of his fortune in the preservation thereof.
May it therefore please your most Excellent Maj‘* that your
Subject may enjoy the full benefitt of his said Grant, and that
you will be pleased to give directions to your Attorney and
Sollicitor Generall, that nothing may pass from your Maj'* in
the new intended Grant aforesaid nor in any other which may
any way impeach either the Jurisdiction, Government or other
Interest granted to your Petitioner in the said Charter of
Maryland.
And your Petitioner shall daily pray for your Maj‘* long
and happy Raigne over us.
PROCHEDINGS
OF THE
COU NCMSOR MARY LAND.
CE GIEIUS- CaLbVERTSLORD BALTIMORE,
Proprietary.
LEONARD CALVERT,
Governor.
1636-1647.
[Conditions of Plantations, 1636.]
Whereas the Adventurers to plant that our
Province of Maryland, have made Suit unto
us that Wee would be pleased to Grant unto them under
our Great Seal of the Same Province Such proportions
and quantities of Land there upon Such considerations and
agreements, as We have heretofore propounded and promised
to grant the Same unto all Such Adventurors, fforasmuch
as We are bound in honour really to perform the Same
in all points, These are therefore to will and authorise you,
that presently upon receipt hereof You make or cause to
be made under our Great Seal of that our Said Province,
unto every first Adventuror, for every five men aged
between Sixteen and ffifty years, which Such Adventuror did
bring into our Said Province to Inhabit and plant there in the
year of our Lord 1633. and unto his heirs forever a Grant of
2000 acres of Land of English measure, for the yearly rent of
400! weight of good wheat and to every Adventuror which in
that year did bring a less number then five men into that our
Said Province of the ages aforesaid to Inhabit and plant there,
and unto his heirs forever, a Grant of 100 acres of Land (of
like measure) for himself and 100 acres more for his wife (if
he brought any) and for and in respect of every Servant, and
fifty acres for every Child under the Age of Sixteen years for
the rent of 10! of wheat, yearly for every fifty acres, And to
every other Adventuror which hath adventured to transport
men into our Said Province of the age aforesaid in the year of
our Lord 1634 or 1635 for every 10 men which Such Adven-
turor did bring into our Said Province, in either of the Said
years and to his heirs forever, a Grant of 2000 acres of Land
of the like measure for the yearly rent of 600! weight of good
wheat, And to every other Adventuror which in either of the
Said years did bring a less number then ten men as aforesaid
and unto his heirs forever a Grant of 100 acres Of Land (of
like measure) for himself, and 100 acres more for his wife (if
he brought any) and for and in respect of every Such Servant
100 acres, and for every child under the age of Sixteen years,
50 acres for the yearly rent of 10' weight of wheat for every
fifty acres, And to every other Adventuror which hath adven-
tured to plant and transport any men into our Said Province,
locus + Sigilli.
Liber F.
p20:
p--29
Liber F.
P: 3
O°
48 Proceedings of the Council of Maryland, 1636-1647.
Since the year of our Lord 1635, or which at any time hereafter
Shall transport any men of the age aforesaid to Inhabit and
plant there, untill Some other or further conditions of Planta-
tion Shall be by us propounded and published to Adventurors,
and an authenticall coppie of Such Conditions, by us Signed
and transmitted into our Said Province, for every five men
which he or She Shall Soe transport thither, and to his or her
heirs forever, a Grant of 1000 acres of English measure for
the yearly rent of 20° (to be paid in the Comodities of the
Country) for every Such 1000 acres And to every other
Adventuror which within the time next afore mentioned, hath
or Shall transport any number of persons less then five, a
Grant of 100 acres of Land for him or herself and 100 acres
more for and in respect of his wife (if he brought any) and as
much for and in respect of every man Servant, and fifty acres
more for and in respect of every child under the Age of Sixteen
years, and for and in respect of every maid Servant under the
age of 40 years which he or She hath or Shall So transport
thither, and to his or her heirs forever for the yearly rent of
124 for every fifty acres.
And We Doe further will and authorise you that every 2000
acres, and every 3000 acres, and every 1000 acres of Land So
to be passed or Granted as afores* unto any Adventuror or
Adventurors, be erected and created into a Manor to be called
by Such name as the Adventuror or Adventurors Shall desire,
And We Doe hereby further authorise you, that you cause to
be Granted unto every of the Said Adventurors within every
of their Said Mano's respectively and unto his or their heirs, a
Court Baron and Court Leet, to be from time to time held
within every Such Manor respectively And to the end you may
the better be Informed in what manner to pass every Such
Grant Court and Courts as aforesaid, according to our Inten-
tion, We have Sent unto you under our hand and Seal, a
draught of a Grant of a Manor Court Leet, and Court Baron,
and a Grant of a ffreehold, w® presidents you are to follow
changing only the Adventurors names, the Rents and Condi-
tions of PlantaCon as the Case Shall require, for doeing
whereof this Shall be your Sufficient warrant, So We bid you
heartily ffarewell, Given at Portsmouth the 8" of August 1636.
Signed: C: Baltemore
To our Dear brother M* Leonard Calvert
Esq. and o' Lieuten' General of the Province
of Maryland, or to any other o* Lieutent Gen’al
there for the time being.
Dear Brother
I would have you to pass in ffreehold to every
1 Sigilli. 1
ocus + Sigilll. of the ffirst Adventurors, that Shall claim or
Proceedings of the Council of Maryland, 1636-1647. 49
desire it, and to their heirs ten acres of Land within the platts Liber F.
assigned or to be assigned for the Town and ffields of St Maries,
for every person that any of the Said Adventurors transported
or brought into Maryland, according to their Conditions first
published, and five acres of Land, to every other Adventuror
for every other person which he hath or Shall transport thither
Since that time of the first plantation untill the thirtieth day of
August which Shall be in the year of our Lord 1638, And for
Soe doeing this Shall be your warrant Given under my hand
and Seal at Warder-castle in the Realm of England, the 29"
August 1636
Signed Cecilius Baltemore
To my Dear brother M' Leonard Calvert Esq
my Lieutent Gen'al of the Province of Marland
[Commission to Governor Leonard Calvert and Council.]
Czecilius by the Grant and Donation of our Soveraign Lord p.8
Charles, by the Grace of God of England Scotland France and
Ireland King Defender of the ffaith etc. Absolute Lord and
Proprietor of the Province and Country of Maryland in the
parts of America. Lord Baron of Baltimore etc To all and
Singular persons to whome this present writeing Shall come
Greeting, Know ye that Wee takeing into our Serious Con-
sideracon the necessity of makeing a Governor appointing a
Council and other Officers and Establishing of Laws proper
and convenient for preservation of the peace and Support of
the Common Weale of our Province of Maryland, and likewise
calling to mind the faithfull and Laudable Service done by our
Dear Brother Leonard Calvert Esq. as well in the Adventure
of his person in the first discent and Settleing our Colony
there as in the Ordering and Advanceing the Same by his
personal residence within the Same our Said Province, wherein
he hath manifested to the Satisfaction of ourself and of our Colony
there, Such wisdom, ffidelity, Industry, and other virtues, as
Render him Capable and worthy of Trust hereby by us intended
to be reposed in him, And for divers others good causes and
consideracons us thereunto especially moveing, Have nominated
constituted Ordained Authorised and Established, And by these
presents Doe nominate constitute Ordain Authorise and
Establish the Said Leonard Calvert in the Absence of us and
our heirs our Lieutenant Generall, Admirall, Chief Captain ). ,
and Commander As well by Sea as Land of our Said Province
of Maryland and the Islands to the Same belonging, And Doe
by these presents give unto him the Chief Commandment and
absolute Authority above and in all matters of warfare by Sea
and Land, to execute and Administer the Same to the Resistance
Liber F.
50 Proceedings of the Council of Maryland, 1636-1647.
of the Enemy, or, Suppression of Mutinies and Insolencies, as
our s? Lieutenant Shall think most Commodious for the
preservation of our Said Province, And to doe all Such things
as doe belong or appertain, to the Office of a Generall,
Admirall, Captain or Commander To have hold Execute and
Administer the Same with Such power and Authority as any
other, Lieutenant, Governor General Admiral, Captain and
Commander, of any other Province may might or ought, by
the Law of Arms to doe, untill we Shall Signifie our pleasure
to the Contrary And therefore We doe hereby further Ordain
and Command All Captains and Soldiers, as well by Seaas
by Land whome it may concern, and all Such as are and Shall
of our Councell, within our Said Province, All our Officers
Receivers, Bailiffs, Marshalls, Magistrates, Gentlemen, and all
other Inhabitants of our Said Province, of what quality or Con-
dition Soever, That they and every of them doe acknowledge
the Said Leonard Calvert in the quality of Lieutenant General,
Admiral, Chief Captain and Commander, of all our fforesaid
Province and the Islands and members of the Same, And doe
honour respect and obey him as they ought to doe, upon pain
of Such punishment to be inflicted upon them and every of
them, as Such a high contempt shall deserve And to the end
that no man there Shall pretend Ignorance, We doe Command
this our Ordinance to be proclaimed and published within our
Said Province, at the places accustomed to proclaim and
publish our Edicts or Ordinances, | Commanding him our Said
Lieutenant to proceed with rigour against all Contemners and
Neglecters of the Same, according to the Order of punishment
before menconed without favour or
And We doe further by these p’sents make constitute and
Ordain and Establish the Said Leonard Calvert to be our
Chancellor, Chief Justice, and Chief Magistrate within our Said
Province, untill We or our heirs Shall Signifie the Contrary
under our hand and Seal, and from time to time to appoint
and Constitute Officers and Ministers, for the preservation of
the peace, Administracon and Execucon of Justice, and for
doeing and Executing of all other things whatsoever, w™ belong
to the Establishing and Govern of a good and happy
Comonwealth within our Said Province, And We doe further
give and Grant to him our Said Lieutenant, Chancellor, Chief
Justice, and Chief Magistrate, full and absolute power and
Authority to Assemble the ffreemen of our Said Province or
their Deputies, at S! Maries within our Said Province upon the
five and twentieth day of January next ensueing the date
hereof, and then and there to Signifie to them that We doe
dissassent unto all the Laws by them heretofore or at any time
made within our Said Province, as We doe hereby declare
Proceedings of the Council of Maryland, 1636-1647. 51
them to be voyd, And further to Shew unto them the draught, Liber F.
or Coppy of all Such Laws and Ordinanees for the good
Government of our Said Province, as We Shall -befére - that
time transmitt to him our Said Lieutenant under our hand ‘ahd’...
Seal, with our Assent for Enacting of the Same And Likewisé*-
if the Said ffreemen or their Deputies Soe Assembled Shall
approve of and consent unto all the Said Draughts or Coppies p. 11
of the Said Laws and Ordinances, in manner as We Send the
Same over, to publish the Same as Laws under the Great Seal
of our Province, That the people and Inhabitants of our Said
Province may take the better notice thereof, And We Doe
further by these presents Give and Grant unto him our Said
Lieutenant like absolute power and Authority after the Said
Assemtbly Soe called as aforesaid, Shall be by him dissolved,
att all or any other time or times, when and as often as he
Shall think fitt, to call and Summon one or more General
Assembly or Assemblys of the ffreemen within our Said
Province, And to propond and prepare other wholesome Laws
and Ordinances, for the Government and well ordering of the
Said Province, and People within the Same, To be by us
assented to and Confirmed if upon view and mature Con-
sideracon had of the Same We Shall in our Judgment approve
thereof, And We Doe by these presents Give and Grant full
power and Authority unto our Said Lieutenant to adjourn and
dissolve the Said Assembly Soe authorised to be called on the
five and twentieth day of January next Ensueing the date
hereof as afores* And all other Assemblys by him hereafter to
be called at his pleasure And fforasmuch as the calling of a
Generall Assembly of the Said ffreemen and the Consulting
about, and Enacting of Laws, will require long time and much
Consultation, and many times Sudden, and other necessary
Occasions may happen or fall out which require a Speedy
remedy, We Doe therefore Give and Grant unto our Said
Lieutenant full power and Authority to make Constitute ordain
and publish in our name Such reasonable and profitable
Ordinances Edicts and Proclamations w" reasonable pains and
penalties therein to be expressed To be duly inflicted on all p. 12
Offenders against the Same as he our Said Lieutenant in his
discretion Shall think fitt, Provided that Such penalties doe not
extend, to the takeing away the Right or Interest of any person
or persons of or in their life Members ffreeholds goods or,
Chattells, All which Ordinances Edicts and proclamations Shall
Stand in fforce only and untill We or our heirs Shall Signifie
the contrary to him our Said Lieutenant General and the
people thereof, or that he our Said Lieutenant Shall in his
discretion think fit to Repeale the Same And further We
Doe hereby Give and Grant full power and Authority unto
Liber F.
52 Proceedings of the Council of Maryland, 1636-1647.
him our Said Lieutenant, to appoint fit places for Publick
Ports for Ladeing; Shipping, Unladeing, and dischargeing all
goads ‘and Merchandises, to be Imported or Exported into or
»out"6F our Said Province, And to prohibit the Shipping or
- dischargeing of any goods or Merchandises whatsoever in all
other places or Ports within our Said Province, and appoint
Officers and Ministers in the Same places, and ports, And also
to erect and Establish Convenient places, for the holding and
keeping of ffairs and Marketts, and to establish Marketts and
ffairs there to be held upon certain days for that purpose to be
by him appointed, And We doe further by these presents Give
full power and Authority, to our Said Lieutenant if he See
cause to pardon and remitt in part or in whole All pains
fforfeitures and penalties which any person or persons within
our Said Province Shall incurr, for any misdemeanor or offence
against any of our Laws Ordinances or Orders whatsoever
made or to be made for the good Government of our Said
Province, And to Grant Pardons to all and every Such Delin-
quents in our name under our Great Seal of our Said Province
Soe that Such pardon or pardons extend not to the pardoning
of high Treason, And further We Doe by these presents
Comitt the Custody and keeping of our Great Seal of our Said
Province unto him our Said Lieutent And Doe hereby Give
and Grant unto him our Said Lieutenant Absolute power’and
Lawfull Authority for us and in our name to pass and Grant
under the Same our Great Seal, All writts and processes, All
Comissions for the Execution of Justice and for dividing and
bounding of Lands, All pardons Lycences, and All publick
Acts and Deeds whatsoever w% Shall at any time pass within
our Said Province, And We Doe further hereby Give full
power and Authority unto him our Said Lieutenant for us and
in our name to pass any Grant under our Said Great Seal to
Such person or persons Such quantity of Land within our
Said Province for Such Estate and Interest, and with Such
priviledges and Imunities as We have or from time to time
Shall give him our Said Lieutenant warrant for under our
hand and Seal All which Grants Soe to be made passed and
granted after the Same grants and the Said Warrants under our
hand and Seal for the passing thereof, Shall be enrolled
by our Secretary of our Said Province, for the time being
and not before, We Will and Doe hereby declare Shall be
effectual in Law against us, and Shall bind us and our
heirs as firmly as if We our Selves had been present and
had Affixed our, our Great Seal to Such Grant or Grants
in proper person, And for the better assurance of him our
Lieutenant in the Execution of the premisses, and of the
charge by us Comitted to him, We have appointed and
Proceedings of the Council of Maryland, 1636-1647. 53
Ordained, And by these presents Doe appoint and Ordain our Liber F.
Well beloved Jerome Hawley Esq, Thomas Cornwallis and
John Lewger Gent, to be of our Councell of and within our
Said Province with whome our Said Lieutenant Shall from
time to time advise as he Shall See cause upon all occa- p.14
tions concerning the good of our Said Province and of the
the people there, And We doe hereby give and Grant full
power and Lawfull Authority unto him our Said Lieutenant
to enquire hear determine and finally to Judge of and upon
all Causes criminall whatsover of what nature kind quality,
degree or Condicon Soever the Same Shall be w™ may
or arise within our Said Province as fully and abso-
lutly as if We our Selves were personally present to give
Sentence or Judgment in or upon the Same (excepting only
where the life or member of any person Shall or may be
inquired of or determine) And to Award Execution upon every
Such Sentence or Judgment And also to and determine
all Civill Causes actions Suits and demands both in Law and
Equity of or concerning any goods Chattells contracts debts
demands or other personall or mixt Action or Actions Suit or
Suits whatsoever in the most Summary and equall way that he
may according, according to the Orders Laws and Statutes of
that our Said Province, already made and established or here-
after to be made or Established, And in default of Such Laws
established or to be established within our Said Province, then
according to the Laws and Statutes of the Realm of England,
as near as he may or can Judge and determine thereof And
Where the life member or ffreehold of any person or persons
Shall happen to come into question within our Said Province,
We Doe hereby Give and Grant to him our Said Lieuten‘ or
to Such persons as We Shall from time to time by our Letters
or any other warrant under our hand and Seal nominate and
appoint to be of our Councell within the Said Province or to
any three of them whereof our Said Lieutenant always to be
one, full power and authority to inquire and determine thereof
according, to the Laws of our Said Province, Established or p. 15
To be Established, And finally to give Sentence and Judgment
thereupon and to award Execution accordingly, And We doe
hereby for the better Execution of the premisses, and preser-
yatition of the Records of all proceedings in the premisses,
appoint constitute and Ordain the Said John Lewger as well
to be our Secretary and Keeper of the Acts and proceedings
of our Lieutent and Councell for the time being, And for the
doeing and recording of all Grants by us or our heirs to
be made of any Lands or Offices within our Said Province,
And of all other matters and acts which by any Instructions
Laws or Ordinances made or given or to be made or given
Liber F.
a
54 Proceedings of the Council of Maryland, 1636-1647.
for or concerning our Said Province Shall or ought by the
appointment of us and our heirs or by the appointment of
our Lieutenant or other chief Governor for the time being
or otherwise to be Recorded, As also our Collector and
Receiver of all our Rents Revenues profits and Customes
from time to time to be due or payable within the Said
Province, And Lastly Whereas our S‘ Lieutenant may here-
after by absence out of our Said Province not attend the Said
charge and trust hereby in him by us reposed, We Doe hereby
Give and Grant unto him our Said Lieutenant full power and
authority from time to time in Such case of absence to nominate
Elect and appoint Such an able person Inhabiting and residing
within our Said Province, as he in his discretion Shall make
choice of and think fit, to be our Lieutenant Gen'al Admiral
Chief Captain and Commander as well by Sea as by Land of
our Said Province and of the Islands thereunto belonging And
in Case our Said Lieutenant Should happen to dye or be
absent out of our Said Province and Shall fail to make choice
of nominate and appoint Some person to be our Lieutenant
Gen'al Admiral Chief Captain and Commander of our Said
Province as well by Sea as by Land We Doe hereby give and
Grant to our Councellors there for the time being or the
Greater part of them full power and Authority from time to
time in every Such Case to nominate elect and appoint Such
an able person Inhabiting within our Said Province as they or
the greater part of them Shall make choice off and think fitt
to be our Lieutenant General, Admiral Chief Captain and
Commander as well by Sea as by Land of our Said Province
and of the Islands to the same belonging, which person to be
chosen and appointed in either of the Cases aforesaid We
Doe hereby declare Shall be our Lieutenant General, Admiral
Chief Captain and Commander during the absence of our Said
Brother our present Lieutenant, or untill We or our heirs,
Shall Constitute and appoint another Lieutenant or Governor
of our Said Province or otherwise determine the Same, To
which Lieutenant General Admiral Chief Captain and Com-
mander, to be Elected nominated and appointed as aforesaid,
We doe hereby Give and Grant the like power and Authority
in all Causes and things, As Wee have by these presence
given and Granted unto our Said Brother Willing and Com-
manding all our Councel Captains, Soldiers Officers Ministers
and People of our Said Province, and all others whome it may
concern to be Obedient unto him in all things matters and
causes, As We have herein and by these presence Commanded
them to be Obedient unto our Said Brother our present Lieu-
tenant General, Admiral Chief Captain and Commander upon
pain of Such punishment to be inflicted upon them and every
Proceedings of the Council of Maryland, 1636-1647. 55
of them as Such a high Contempt Shall deserve. Given under
our hand and Seal at London in the Realm of England the
fifteenth day of April in the year of our Lord God one
thousand Six hundred thirty and Seven.
locus + Magni Signed J. Lewger
Sigilli
Endorsed
These are to Authorize You to put our Great Seal for the
Province of Maryland to this our Comission for the Government
there. 15" of Aprill 1637.
To our Secretary for the Signed: — C. Baltemore
Province of Maryland.
The King to the Comm* for Foreign Plantations
May 1637.
Whereas our deere Father King James of blessed memory
did by his Letters Pattents, bearing date the 7 day of Aprill
in the 21 yeare of his raigne, grant unto the late Lord Balti-
more, by the name of Sir George Calvert knight, (then Princt-
pall Secretary of State) and to his heires a certain Region in
Newfoundland, called in the said Letters Pattents, by the name
of the Province of Avalon, with divers powers and privileges
requisite and necessary for the better government of such as
should transport themselves to plant and inhabit the said
Province: and for the better encouragement of the said Lord
Baltimore, who thereupon did at his owne charge first trans-
port an ample Colony thither, and afterwards adventured
thither his person, and family together with the greatest part
of his fortune. And whereas wee our selfe by our Letters
Pattents bearing date the 20" day of June in the 8" yeare of
our raigne, have granted unto our right trusty and welbeloved
Cecilius now Lord Baltemore (sonne and heire of the said late
Lord Baltemore) and his heires, a certain region joyning upon
Virginia (called in our said Letters Pattents by the name of the
Province of Maryland) together with such like power and privi-
ledges. Whereupon the said now Lord Baltemore hath also at
his great charge transported an ample Colony to plant and
inhabit the said Province. And whereas both the aforesaid
Letters Pattents were granted upon mature deliberation first
had of the severall clauses priviledges therein granted, and
after many references thereupon made to severall of the Lords
of the Councell both of our Father and of our selfe for the due
consideration thereof. Now forasmuch as, We are informed
by the said now Lord Baltemore, that some Grants concerning
forreine Plantations may passe our seales, which may be preju-
Liber F.
V5 1, OO).
Colonial
Papers. Vol.
IX, No. 55.
56 Proceedings of the Council of Maryland, 1636-1647.
Pp. R. 0. diciall to him, unles there be sufficient provisos and clauses
Pape Wil inserted therein (as occasion shall require for the preservation
pers. Vol. . a fs - .
IX, No. 55. Of his right in the aforesaid Letters Pattents granted to his
Father and himselfe ; and hath thereupon humbly besought us
that We would be graciously pleased by some speciall order
to prevent that no such prejudice be done unto him. Wee
therefore taking into our Royall consideration, as well the
good and faithfull services done by the said late Lord Balte-
more to our deer Father, as the great expense and adventure
aforesaid of him, and his sonne the now Lord Baltemore, for
the enlargement of our Empire and dominions in those parts
of the World, and conceiving our selves bound in justice and
Honor to secure and protect the said now Lord Baltemore in
the quiet and free enjoying of all his rights and priviledges
granted in the aforesaid Letters Pattents; doe hereby will and
require you and every of you that you take speciall care that
you doe not permitt nor give way to any Pattents or Commis-
sions, Letters or other Warrants whatsoever, for Plantations or
Discoverys in any parts in or neare unto the said Provinces of
Avalon and Maryland in the parts of America, to be prepared
for or to pass our Signature or any of our Seales, which may
any way infringe any of the rights or priviledges aforesaid of
the said now Lord Baltemore and his heires; But that you
make stopp and stay thereof, if any such shall come unto you
hands, till you give notice thereof to the said now Lord Balte-
more, which upon such occasions, wee require and command
you and every of you to doe, and that by the advice of his
Councell learned in the Law such clause be inserted in such
Pattents, Commissions, Letters or other Warrants as aforesaid,
before they pass our Signature or any of our Seales, as may be
necessary and convenient for the preservation of his the said
now Lord Baltemore’s right, Interest, powers and priviledges
granted to his Father and himself in the Letters Pattents afore-
said. For which this or a true Authenticall Coppy hereof,
testifyed under the hand of one of our Principall secretaries of
State, shalbe to you and every of you a sufficient Warrant.
And furthermore for the better securing and encouragement
of the said now Lord Baltemore and all other Adventurers
under him, to proceed with cheerfullness and alacrity in the
planting of the aforesaid Provinces, We doe hereby declare
and engage our Royall words and promise that We will not at
any time hereafter give directions or permitt any Quo warranto
or other writt or commencement of suite in name, or any other
proceeding in any of our Courts of Judicature or elsewhere be
made, or sued for the infringing, avoyding or overthrowing of
either of the aforesaid Letters Pattents, for and in respect of
any clause, or matter therein contayned. And We doe hereby
Proceedings of the Council of Maryland, 1636-1 6475 -57
will and command that if any Order hath or shall without our P. R. o.
knowledge hereafter be given, and any Quo warranto or other 5oloni"!_
Writt or commencement of suite, hath or shall be made and IX. No. 55.
sued thereupon or otherwise, for the infringing, avoyding or
overthrowing of either of the aforesaid Letters Pattents, for or
in respect of any clause or matter therein contayned; the same
forthwith to cease and to be made voyd, so as the said now
Lord Baltimore and his heires, may be no way prejudiced
thereby; And for so doing this or a true and Authenticall
Coppy hereof, testified under the hand of one of our Principall
Secretaries of State, shalbe to you and every of you a sufficient
Warrant in that behalfe. Given under our Signett at our
Court at White hall the day of May in the 13" yeare of
our Raigne.
To our right trusty and right welbeloved our Commissioners
for forreigne Plantations, our keeper of our great Seale of
England, and our Keep’ of our Privy Seale, for the time being:
To our right trusty and welbeloved our Principall Secretaries
of State, our Cheife Justices, and all our Judges of any of our
Courts of Judicature whatsoever for the time being: To our
trusty and welbeloved our Attorney and Sollicitor Generall,
and the rest of our learned Councell in the Law for the time
being, and to all other our Officers and Ministers whom it may
concerne.
Dni. ¥aG7 Liber Z.
Shipped for the Isle of Kent upon the St Thomas by Thomas *% ©. *
Cornwallis Esq; three pieces of blew truck cloth, & 2 dozen of p.1
trucking Axes which the said Thomas Cornwallis doth acknow-
ledge himself bound to the Lord Proprietor in Two hundred
pound — not to trade Sell or put off the said Cloth or axes or
any part or parcell of them to or with any Indian or Salvage
whatsoever further then he shall have Licence therefore from
the Lieutenant General of this Province.
Tho: Cornwallis
N. B—The above Entry is Crossed
out in the Orriginal Record Book
locus + Sigilli Know all persons whom it concerneth, that I have
& hereby do give free Liberty and Licence to Thomas Corn-
wallis Esqr; and one of the Council of this Province to trade
with any the Indians of this Province for corne or Roanoke or
peake, and the same to utter and Sell to any of the Inhabitants
of this Province, and no further or otherwise, this Licence to
endure untill I shall signifie the Contrary. In Wittness whereof
I have hereunto Set my hand and Seal this 30° of December
1637.
a Leonard Calvert
58 Proceedings of the Council of Maryland, 1636-1647.
Thomas Cornwallis Esq, is discharged hereby from all account
® to the Lord Proprietor for one hundred Barrells of Corne
which he is admitted to trade for with the Indians for the
Expence of the Colony.
[1637]
December
30% Cloth 25° :p y*
tenth is — 25°
2 dozen axes at
c p dozen tenth is
9°
ll : 237
turned
— y®* Cloth
otter Skinns
axes
y* roanoke
John Lewger
Shipped vpon the Saint Thomas by
Thomas Cornwallis Esq in the n[ame]
and behalfe of Jerome Hawly of this
Province Esq, three peices of blew [truck]
cloth, containing 30 y* a peice; and two
dozen of trucking axes. Afnd the] said
Thomas Cornwallis doth acknowledge
himselfe to stand indebted to [the] Lord
Proprieto" in two hundred thirtie and
seven pounds weight of good m[erchan-]
table tobacco, due for the tenth of the
said cloth and axes; to be paid to John
Lewger his Lo® Collector upon the tenth of November next ;
provided that in case the said cloth and axes or any part there-
of, or the value of them in peake or roanoke raised from the
Indians by the said cloth or axes, shall be returned againe
without being vented, that then so much of the said two hun-
dred thirty and seven pound w' of tobacco is to [be] discompted
to the said Thomas Cornwallis as the commoditie so return[ed]
without vent, did amount vnto in the computation of the said
tenths.
And further the said Thomas Cornwallis doth covenant and
oblige himselfe [to] satisfie and deliver to his L°?** said Collecto*
the full tenth part in [kind] of all such furres, or other commo-
dities whatsoever w® shalbe bought, trad[ed] for or exchanged
of or from any Indians whatsoever by or with the said [Cloth]
and axes, or any part thereof, within ten daies after the returne
of [the] foresaid vessell into this port; except such corne or
other commodities for w* the said Thomas Cornwallis shall
have a discharge from the said Collecto"
Witnesse the Lieuten' generall
Thos. Cornwaleys.
Leonard Caluert.
30 march 1637
This day came The said Thomas Cornwaleys, and entred
fiftie five yards of cloth, and and nineteene axes, and one and
fourty yards of roanoake, returned againe (of the former truck
mentioned in the recognisance) without venting: and the
residue of the said truck employed in fourty barrells of corne
Proceedings of the Council of Maryland, 1636-1647. 59
w*" he brought into the colony for the expence thereof; except
onely that he entred eleven otter skinnes bought with that
truck of the Indians: and so is discharged of the foresaid
recognisance; paying one otter skinne to the Lord Propriet*
John Lewger Collector.
[Commission to George Evelin as Commander of the Isle of
Kents|isg
Leonard Calvert Govern’ of Maryland, to my good frend
Captaine George Evelin of the Ile commonly called Kent with-
in tht Province, greeting. Whereas I am willing to provide
for the good govermt of the said Ile of Kent being of right a
member of this Province; therefore reposing especiall confi-
dence in the trust wisedome & well approved experience of
you the said George Evelin, I doe by these pnts authorise
constitute and appoint you to be Commander of the said Hand
and the inhabitants thereof, giving and granting hereby vnto
you full power & authority to elect and chuse any six or more
able and sufficient men inhabitants of the said Iland as you in
your discretion shall thinke fitt with whom you shall advise and
consult in all matters of importance; and to call a Court or
Courts as often as there shalbe cause, and in the said Courts
to award all manner of processe, hold pleas, and to heare &
finally to determine all causes & actions whatsoever civill hap-
ning and arising betweene any the inhabitants of the said Iland
not exceeding in damages or demands the value of ten pounds
sterling; as also to heare & finally determine all matters &
offences whatsoever criminall hapning & committed within
the said Iland w* may be heard & determined by any Justices
of peace in England in their Court of Sessions not extending
to life or member. And doe further authorise you to doe vse
and exequute all and all manner of iurisdiction & authority
whatsoever for the conservation of the peace within the said
Iland as any Justice of peace in England may or ought to doe
by vertue of h’ Commission for the peace ; and further to elect
and appoint all necessary officers for the exequution of iustice
& conservation of the peace there with allowance of such fees
as are vsually belonging to the same or the like offices in vir-
ginia; and to doe all other things and acts w shalbe neces-
sary for the exequution of the power & iurisdiction hereby
committed vnto you. Given at St maries this 30" day of
December; anno dni 1637.
Commission of
Pee ie Cecilius Lord Propriet™ to o* trusty Robert
Vaughan Vaughan of St Georges hundred Sergeant of the
trained band, greeting. Whereas the west-side of St Georges
Liber Z.
Oates
No. 2.
P- §
aig
60 Proceedings of the Council of Maryland, 1636-1647.
. river is now planted by severall inhabitants, and is thought fitt
‘ to be erected into a hundred by the name of St Georges hundred:
We willing to provide for the better conservation of the peace
& punishm' of offendors within the said hundred, and withall
for the ease of the inhabitants thereof; and reposing especiall
trust in your diligence & provident circumspection, have con-
stituted and appointed, and by ths oT Commission doe consti-
tute appoint and authorise you to be highe Constable of the
said hundred of S' George, giving vnto you full power & never-
theless inioining & straitly charging you to inquire of and pre-
sent vnto vs or our Lieutenant grall for the time being, all
crimes, misdemeanors & offences whatsoever committed agst
the peace within the said hundred; and to arrest or cause to
be arrested the person of any such offendor or offendors, and
him or them to keepe in safe custodie, vntill they shall putt in
sufficient security to appeare at the next Court after such
attachm' w® shalbe held at S' maries before vs or our Lieutent
grall for the time being; and to that effect to take recogni-
sance to our vse as well from the partie offending and his
meinpernors, as from all other psons that can give evidence
touching the said offence; and if the crime shalbe such as is
not baileable by the law of England or of this Province, imme-
diately to bring or cause to be brought the person offending,
and the persons that can give evidence therein before vs or
our Lieuten' grall for the time being, there to receive such
triall and iudgem'as the law shall award. And we doe further
authorise you from time to time at all times as you shall see
cause, to make diligent search & inquiry after all psons that
shall sell or without license deliver any armes or ammunition
whatsoever to any Indian or Salvage; and if you shall know
or vehemently suspect any person or persons offending herein
contrary to o° Proclamation published in that behalfe, to appre-
hend the said person or psons, and him or them to bring or
cause to be brought before vs or our Lieutent grall for the
time being, there to receive such punishm' as the fact shall
deserve And further to doe and exequute all and every
power & powers act and acts w*" to the office of a highe Con-
stable in England doe or may belong. Given at S' maries this
fifth day of January anno dni 1637. witnesse Leonard Cal-
vert Esq; and o* Lieuten' grall of the Province of maryland
[Commission to John Lewger.]
Cecilius Lord Propriet* to our trusty Councellor John Lew-
ger Secretary of our Province of maryland, greeting. ffor
divers good considerations vs herevnto moving, and reposing
especiall trust and confidence in your faithfull and provident
circumspection, we have assigned and appointed and doe here-
by assigne and authorise you to be Conservator of the Peace
Proceedings of the Council of Maryland, 1636-1647. 61
within the County of S‘ Maries giving you hereby full and
absolute power and authority to doe exercise and exequute all
the same and the like act and acts thing and things power and
powers as may be or vsually are exercised and exequuted by
any Justice of Peace in England by vertue of his Commission
for the peace; and further we doe hereby authorise you to
take and record recognisances in all causes betweene partie
and partie and the same recognisance to be of as full force to
all intents & purposes as if it had beene taken and recorded
before any Judge of record in England. And further we doe
hereby authorise appoint and assigne you to be o* Com" in
causes testamentary, to prove the last wills and testaments of
persons deceased, and to grant admraon of the estates of per-
sons dying intestate within our said Province, and to take
inventaries and accompts and the same to record, and to give
discharges therevpon; and to minister an oath to any person
or persons witnesse or witnesses exequutors or admrators as
often as there shalbe cause: and finally to doe all other things
w shalbe necessary for the exequution of the power & turis-
diction in any the premises committed vnto you. Given at
St Maries this foure and twentieth day of January 1637
witnesse Leonard Calvert &c.
Commission of Sheriff to James Baldridge
Cecilius Lord Proprietor to our trusty James Baldridge,
greeting. wee reposing especiall trust & confidence in your
ability and experience, have constituted and authorised, and
doe hereby constitute, authorise, and appoint you to be Sheriff
and coroner of the County of Stmaries vntill we shall signifie
our pleasure to the contrary, giving you hereby full power and
neverthelesse straitly inioining and commanding you to doe
all and every thing and things w® vnto the office of a sheriff
and coroner of any County in England doe or may belong.
Given at S‘maries this 29" January 1637 witnesse Leonard
Calvert Leiutenant grall
This day came before me James Baldridge, and acknow-
ledgeth himselfe to owe vnto the Lord Proprietor one thou-
sand pound weight of good merchantable tobacco to be paid
vnto the said Lord Proprieto' his heires or assignes. &c.
The condition of this Recognisance is such that if the
within bounden James Baldridge shall well and duely
exequute the office of sheriff to him committed, & shall
exequute all writts and warrants to him directed so far
forth as he may, then this recognisance to be void; or
els to stand in full force and vertue
James Baldridge
Recogn‘ coram me
John Lewger Secretary.
Liber Z.
IORI
No. 2.
p- 23
Liber Z.
ORR
No. 2.
62 Proceedings of the Council of Maryland, 1636-1647.
Cecilius Lord Propriet’ &c to our trusty william Brainth-
waite greeting, we command you that you seise and attach to
our vse all vessells trading with the Indians in any part of our
Province, or that have passed throughe any part of o" province
to trade with any Indians out of our province; and all trucking
commodities whatsoever in such vessells or about any one
pson; as also all beavers & other commodities traded for and
bought of any Indians as aforesaid without speciall licence of
vs or o' Lieute™ grall for the time being, and the vessells or
commodities so seised to deliver to o* Collector for our vse
Given at St maries this 8" february &c
+ locus sigilli.
Commission to Rob! Philpott &c.
Cecilius Lord Propriet" &c to our trusty Rob‘ Philpott, wil-
liam Coxe, and Thomas Allen of the Ile of Kent gent. greeting
whereas we are willing to provide for the govern' of the said
Iland, therefore reposing especiall trust in your iudgement and
discretion, we doe hereby authorise, constitute, and appoint
you three and every one of you by himselfe, to be Conserva-
tors of the peace within the said Iland, to vse and exercise all
the same powers and authorities whatsoever within the said
Iland, as a Justice of peace in England may or ought to vse by
vertue of his Commission for the peace: And further we doe
authorise you three or any two of you (whereof the said Robt*
Philpott to be alwaies one) to call and hold a Court-leete as
often as there shalbe cause; and in the said Court to award
processe, hold pleas, and to heare and determine all causes
and actions whatsoever civill hapning betweene any the inhabi-
tants of that Iland, not exceeding in damages or demaunds
twelve hundred pound weight of tobacco; and in causes civill
exceeding twelve hundred weight of tobacco, we doe authorise
you the said Robert Philpott to grant any warrant or warrants
for the arresting of any person or psons within the Iland at the
suite of any partie, or to attach any goods, and such person or
goods too keepe in safe custody of the Sheriff vntill the def
shall putt in sufficient security to make answere to the pif at o"
Court of St maries within a certaine time to be by you limited,
and to abide the iudgem'of our said Court. And we doe fu-
ther authorise you three or any two of you (whereof the said
Robt Philpott to be alwaies one) to enquire of, heare, deter-
mine, and correct all misdemeanours & offences whatsoever
criminall committed within the same Iland, w* may be deter-
mined and corrected by any Justices of peace in England &
not extending to the losse of life or member. And finally to
doe all other things w®™ shalbe necessary for the exequution of
Proceedings of the Council of Maryland, 1636-1647. 63
the power & iurisdiction hereby committed vnto you. Given
at St maries this 9" of febr: 1637 witnesse Leonard Calvert
Commission of Sheriff and Coroner of the same Iland to John
Langford, vt supra.
Commission to Thomas Games mariner.
Cecilius Lord Propriet’ of the Provinces of maryland and
Avalon, Lord Baron of Baltemore &c to all psns to whom
these pits shall come, greeting. Know you that we for divers
good considerans vs therevnto moving, have given & granted
and by these pitts doe give & grant vnto the bearer hereof
Thomas Games mariner, full and free power liberty licence and
authority to passe & transport himselfe & his vessell out of our
Province of maryland and throughe any parts hereof & to trade
& commerce for corne beaver or any other commodities with
the dutchmen in Hudsons river or with any Indians or other
people whatsoever being or inhabiting to the northward with-
out the Capes commonly called Cape Henry and Cape Charles,
willing and requiring all such as shall accompany him in the
said voyage to be obedient to him in all his lawfull commands;
and also willing & requiring the said Tho. Games not to sell
or barter or otherwise give or lend any armes powder or
ammunition vnto any Indian or forreigner whatsoever vpon
paine of such severe punishm' as such a crime shall deserve
And we will that this our Commission continue in force for the
space of one whole yeare ensuing the date hereof. Given at
our ffort of Stmaries this 12" ffebr: in the yeare of o" Lord &c
1637
10: ffebr:
83 Shipped vpon the Saint margett by Rob' Clerke on
27 the behalfe of his master, Thomas Copley Esq; one
5 hundred and fifteene yards of truck-cloth; one dozen %
— of axes; 14 small hatchetts; 4 dozen of knives; & 1
witnesse Leonard Calv' &c.
I15 dozen of howes; and are to be traded with the Indians
of this Province; & the said Robt Clerke doth acknow-
230 ledge himselfe in the behalfe of his said master to
57 stand indebted vnto the Lord Propriet™ in three hun-
= dred and fifteene pound wt of tobacco due for the
287 tenths of the said truck; if it shalbe exchanged for
7 beaver, or corne without licence.
Rob: Clarke
a discharge given to the said Robt Clerke for 100
bt"s of corne.
Liber Z.
EO; Re
No. 2.
p. 29
Liber Z.
Teen Oke
No. 2.
p- 32
P: 35
64 Proceedings of the Council of Maryland, 1636-1647.
[Expedition to the Isle of Kent.]
By the Governo™ and Counsell this 12" of ffebr. 1637
The Gov'no" and Counsell taking into consideration the
many pyracies insolencies mutinies & contempts of the gov-
erm' of this Province formerly committed by divers of the
inhabitants of the Ile of Kent, and that the warrants sent lately
into the said Iland vnder the great seale of the province for
apprehension of some malefactors and for to compell others
to answere their creditors in their lawfull suits of debt or
accompt, were disobeyed and contemned, and the prisoners
rescued out of the officers hands by open force and armes;
and being now newly informed that divers of them to mein-
teine & protect themselves in their said vnlawfull and rebellious
acts, did practise and conspire with the Sasquisahanoughes and
other Indians against the inhabitants of this colony: Have
thought it fitt that the Govern" should saile in pson to the said
Ile of Kent and take along with him a sufficient number of
freemen well armed, and there by martiall law (if it shalbe
necessary) reduce the inhabitants of the said Iland to their due
obedience to the Lord Propriet',and by death (if need be)
correct mutinous and seditious offendors who shall not (after
proclamation made) submitt themselves to a due course of
iustice. And for his better assistance herein it was thought
fitt and so ordered that Captaine Thomas Cornwaleys Esq and
one of the Counsell of this Province should goe along with the
Governo’, and be aiding and assisting to him to the vttermost
of his power for the commaund of the forces according to such
directions as he shall receive from the Governor, during this
expedition
signed Leonard Calvert
Jerome Hawley
John Lewger
[Appointment of Deputy Governor.]
To all people to whom these pnts shall come I Leonard
Calvert Esq Lieutenant grall of the Province of maryland,
send healthe in ot Lord God Everlasting whereas this pnt
generall Assembly beganne on the 25" day of January last
past, and by severall adiornments continued vntill the eigh™
day of this instant moneth of ffebruary, was then adiorned
vntill the 26 of this instant moneth; now designing at this
pnt to make an expedition in person vnto the Ile of Kent,
and doubting lest some accident might hinder my returne to
St maries afore the said day, whereby the Assembly would of
Proceedings of the Council of Maryland, 1636-1647. 65
it selfe be dissolved for want of power to assemble; Know ye
therefore that in case of such my absence I have authorised
and deputed, & doe hereby appoint authorise and depute
m’ John Lewger Secretary in my name and place to hold and
continue the said Assembly at the day appointed, and to give
voice for me to all and onely such things as he shall thinke fitt,
also to adiorne or dissolve the said Assembly as he shall see
cause, and to doe and performe all other things belonging to
the said Assembly as amply to all intents and purposes as I
my selfe might doe if 1 were personally present
Leonard Caluert
To the King’s most Excellent Majesty
The humble Petition of Captain Wil-
liam Clepborne on the behalfe of
himself and Partners, —
Shewing
That the Pet" by vertue of a Comission under Your Majesties
hand and Signett hereunto annexed, divers years past discov-
ered, and did then plant upon an Island in the Great Bay of
Cheasapeak in Virginia, by them named the Isle of Kent,
which they bought of the Kings of that Country, and built
houses transported Cattell, and Settled people thereon to
their very great Costs and Charges which the Lord Baltemore
takeing notice of, and the great hopes for: trade of beavers
and other Comodities like to ensue by the Peticoners discov-
erys hath Since obtained a Pattent from your Majesty Compre-
hending the said Island with the Limitts thereof, and Sought
thereby to dispossess the Peticoners thereof and debarr them
of their discovery and hopefull trade for beavers Complaint
being made thereof, your Majesty was graciously pleased to
signifie your Royal pleasure by a Letter under your Majesty’s
hand and Signett Intimating therein that was contrary to
Justice and the true intent of your Majesty’s Grant to the said
Lord, that Notwithstanding the said Patent the Peticoners should
have freedom of trade enjoy the same therein requiring
the Governor and all others in Virginia to be aiding and assist-
ing unto them, prohibiting the Lord Baltemore and all other
pretenders vnder him to offer Them any Violence, or to disturb
or molest them in their said and plantation, as by your
Majesty’s Said Letter annexed appeareth, Since which ti
be it your Majty’s Said Royal pleasure hath been made known
to St John Governor of Virginia (who Slighted the Same)
as also to the Lord Baltemore Agents there, Yet they
have in a most wilfull and contemptuous manner disobeyed the
same, and, violently Set upon your Peticoners Pinnaces and
Liber Z.
LOR:
No. 2.
Liber F.
Dax
Liber F.
66 Proceedings of the Council of Maryland, 1636-1647.
boats goods to trade, and Surprized them, and doe Still
detain the same, By the of which Pinnaces and goods
the Inhabitants within the said Isle were reduced So great
famine and misery as they became utterly destitute of any corn
Sustain themselves, which enforced them to send a small
boat ow th why they obeyed not your Majesty’s said
Royal Letters and Command to the said Pinnaces
and goods to enable them to trade for corne feed boat
approaching near unto Some Vessell of the said Lord Balte-
more Agents, they shott among the Peticoners men and
slew three of them and hu more, And not content with
these great Injuries, the said Lord Baltemore and his Agents,
have openly defamed and unjustly accused the Peticon's of
crimes to his exceeding great grief, which hath caused
him purposely pair into this Kingdom and humbly pros-
trate himself and his Cause vn Majesty’s feet to be
relieved herein
And the Peticoner having likewise discovered lantao
and ffactorie upon a small Island in the Mouth of a
River in the bottom of the said Bay in the* Sasquesahanoughs
Country at the Inidians Desire and purchased the same
of them by means whereof, by means whereof are in
great hopes to draw thither the trade of Beavers and ffurrs
which the ffrench now wholly enjoy in the Grand Lake of
Canada which may prove very beneficiall to Your Majesty and
the Commonwealth But by Letters now from thence your
Peticoner is advised that the Lord Baltemore’s Agents are
gone with 40 men to Supplant the Peticoners said Plantacons
and to take possession thereof and seat themselves thereon
And the Peticoner being desirous to propose a way Where-
by, your Majesty may receive to the Crown for Plantacons an
Annual benefit and the Planters be certain to enjoy the Same
with the fruits of their Labour, They doe Offer unto your
Majesty 100” p anfu viz‘ 50! for the said Isle of Kent, and fifty
pound for the said Plantation in the Sasquesahonoughs Coun-
try, to have there 12 leagues of Land &c, from the Mouth of
the said River on each side thereof, down the said Bay South-
erly to the seaward, and Soe to the head of the said River, and
to the Grand Lake of Canada to be held in ffee from the
Crown of England and to be yearly paid into your Majesty’s
Exchequer, to be governed according to the Laws of England,
with such priviledges as your Majesty shall please to grant, By
w" means your Majesty may raise a great revenue annually
and all Planters will be encouraged to proceed chearfully on
their designs.
And the Peticoners having now a Ship ready to depart with
goods and people for the prosecuteing and manageing of their
Proceedings of the Counctl of Maryland, 1636-1647. 67
said discoveries and trade w® without Speedy Supply and
your Majesty’s gracious favour and Incouragment is like to
come to ruin to their great Loss.
May it therefore please your Most Excellent Majesty,
to grant unto the Peticoners a Confirmation of your
Majesty’s said Comission and Letter, under your Majes-
ty’s broad seal for the quiet keeping, enjoying and gov-
erning of the said Island Plantations and people there-
on as aforesaid, to send now with the said ship, and to
referr the speedy Examination of the said wrongs and
injuries unto whome your Majesty shall please to think
fitt to certifie your Majesty thereof, And that the Peti-
Goners may chearfully proceed in soe hopefull a design
without any lett or Interruption of the Lord Baltemores
Agents or any other whatsoever
And as in duty bound they shall pray. &c
Att the Court at New Markett the 26" ffeb'y 1637
His Majesty approveing the propositions made in this Peti-
tion for the advancement of those plantacons and the hopefull
trade of ffurrs, is graciously pleased to confirm What is con-
tained in his former Comission and Letter under the broad
seal, And to that end referreth to the Lord Archb? of Canter-
bury, Lord Keeper, Lord Privy Seal, and any other the Comis-
sioners for Plantations, who shall be near at hand and whome
they please to call, the Consideration of all the Contents of
this Petition And with M’ Attorney’s advice to settle such a
Grant of the things herein desired as they shall think fitt to be
prepared by him for his Majestie’s signature, Their Lordps
are also to Examine the wrongs Complained of and Certify
his Majesty what they think fitt to be done for redress thereof.
John Cooke
Ext T. Meautys. ~
We appoint the first Council day after Easter for the hear-
ing of this business at the Councell board, and doe hereby will
and require, that pnt Notice be given to the Lord Baltemore
or any else whome it may concern, together with a true Coppy
of this Petition and reference and that they by themselves or
their Councell fail not to attend accordingly
W: Cant Tho: Coventrie; W: Manchester
28. ffebr.
Shipped vpon the good vessell called the deborah by Cap*
Henry ffleete 6 dozen and two of trucking axes, two dozen
and two of howes, nineteene yards of dutch cloth, two yards of
peake & a little more, sixteene paire of irish stockings; one
chest cent some beads, knives, combes, fish hooks tewes-harpes,
Liber F.
Liber Z.
P- 39
Liber Z.
Paka.
Colonial
Papers. Vol.
IX, No. 87.
68 Proceedings of the Council of Maryland, 1636-1647.
& looking glasses to the value of 16' of beaver or thereabouts
and are to be traded w'*the Indians: And the
475 said Henry ffleete doth acknowledge himselfe to
B71 owe vnto the Lord Propriet' one hundred fiftie and
130- five pound of tobacco due for the tenth of the
030 said truck if it shalbe exchanged for beaver, or
64 corne without or beyond licence; and for such
480 part thereof as shall not be vented for beaver or
corne further then is licensed, it is to be dis-
1550 compted to the said Henry ffleete according to
the proportion it had in the rating of the tenths
Aprill r1®™ — and further the said Henry ffleete doth hereby
brought in oblige himselfe to pay to the Lord Propriet* the
30 skinns full tenth part in kind of all the beaver or corne
only the (further then he is licensed for) w% he shall buy
cloth vented of any Indians with or for the said truck or any
for beaver _ part thereof. Provided that if it shall be adiudged
at the Court that the said Henry ffleete hath
right to trade by vertue of any former licence without paying
the tenth, that then this recognisance to be wholly void. And
the said Henry ffleete is to be accomptable to the common
stock at his returne for what he hath bought or sold in the
said trade. In witnesse whereof he said Henry ffleete hath
herevnto sett his hand this 28" ffebr. 1637.
Henry ffleete
Recogn coramme John Lewger Secretary
To the Kings most Excellent Majestie
The humble Petition of Cecill Lord Baltimore.
? March. 1638.
Most humbly Sheweth:
That whereas your Subject being desirous to plant a Colony
of English in some part of Virginia, did humbly desire to have
a part of that Territory granted to him, which was referred to
the consideration of some of the Lords of the Councell, who
upon hearing of the old Virginia Company and your Petitioner
at severall times thought fitt to advise your Majestie to grant
to your petitioner that patent of Maryland, which now he
enjoyeth; After the passing whereof, the said Company having
procured a petition from Virginia against the said patent, sub-
scribed by William Clayborne and many others, presented the
same to your Maj‘* in May 1633, who was pleased to referr the
consideration thereof to the Boord, and their Lordshipps did
thereupon then heare both partys interested at large And
being desirous before they gave their judgement in the cause,
Proceedings of the Council of Maryland, 1636-1647. 69
that there might be a mutuall accommodation of the Contro-
versy, did appoint that both parties should meete and make
propositions and answers to each other, and present them in
writing to the Boord which was accordingly done; Whereupon
their Lordships having heard and maturely considered the alle-
gations on either part, and perticularly the pretences of Clay-
borne, did then thinke fitt by an Order of the 3. of July 1633,
to leave your petitioner to the right of his patent, and the other
party to the course of Law; whereupon your petitioner hath
proceeded in sending to that country divers Colonyes of your
Maj'*s Subjects at his greate charges, who have planted them-
selves in severall parts thereof, to the great hazard of their
persons, and to the benefit and service of your Maj"* subjects
in Virginia as is confessed by the Governor and Councell
there. Yet notwithstanding the said William Clayborne being
not contented with the said Order, because he well knew he
had no legall right to his unjust pretences, not long after, did
conspire with the Indians to destroy two of your petitioners
Brothers, with divers Gentlemen, and others of your Maj"*
subjects, and by many other unlawfull wayes to overthrow his
plantations, whereof he fayling, (but continuing his malice to
your petitioner) whilst he is a prisoner at the Boord upon a
complaint of the Governor of Virginia for his contemptuous
and mutinous carriage towards the government there, and
rebellious departure from thence; hath lately upon false sur-
mises exhibited in his petition to your Maj*, obtayned a refer-
ence for granting of some part of your petitioners countrey to
him, and for examining here some pretended wrongs men-
tioned in his petition.
May it therefore please your most Excellent Maj'® seeing
that your petitioner’s patent and right, hath passed so many
tryalls; and that in confidence thereof, and of your Majestie’s
Royall justice and favor, he hath expended a great part of his
eState in planting that Countrey; that you wilbe pleased in con-
firmation of the said Order of the Boord, to leave your peti-
tioner to his right and the said Clayborne to the Courte of
Law; that thereby your Maj‘* may be free from the clamour of
such pretenders, and your Subject encouraged to proceed in
the plantation as he intends: And to that end that you wil be
pleased to revoke the reference made for the said Clayborne,
and to give order, that no grant shall pass to him, or to any
other, of any part of your petitioners Countrey. And that you
will likewise be pleased touching the examination of the inju-
ryes pretended to be done by your petitioners Agents in those
parts, seeing they are alledged to be done in Virginia, that
your Maj‘* wilbe pleased to direct your royall Letters to your
Governor and Councell there, to examine the said complaints,
PaO:
Colonial
Papers. Vol.
IX, No. 87.
PeR3O:
Colonial
Papers. Vol.
IX, No. 87.
Liber Z.
P- 52
P- 55
70 Proceedings of the Council of Maryland, 1636-1647.
and to certifie their opinions to your Maj‘*; that thereupon you
may proceed according to Justice; for your Petitioner is confi-
dent that upon a true examination of the fact where it was
committed; it will appeare that the said Clayborne and his
Servants are guilty of Piracy and murder.
And your Petitioner as in duty bound &c.
[Seizure of Claiborne’s property.]
March 27 Cecilius &c to the Sheriff of the Ile of Kent.
greeting. we command you that you seise to our vse all the
goods & chattells of william Cleyborne gent within yo* Iland;
and that you keepe them in safe custody vntill you shall have
further order from vs therein. Given at St maries &c.
[ Commission to Robert Wintour. ]
Cecilius &c to o' beloved Counsell* Rob‘ wintour Esq greeting
whereas the west side of S' Georges river is now planted by
severall inhabitants and is thought fitt to be erected into a
hundred by the name of St Georges hundred we willing to
provide for the better conservation of the peace within the said
hundred, and reposing especiall trust and confidence in the
wisedome iudgem' & well approved expience of you the said
Rob‘ wint' have assigned constituted and authorised, and by
this o' Commission doe constitute assigne and authorise you to
be Justice of o" peace within the said hundred, giving vnto you
full power and authority to grant warrants, take recognisances
to o' vse, keepe a record, administer an oath, and to doe vse
exequute & exercise all other thing and things act and acts
power and powers w" doe belong to the office of a Justice of
peace in England by vertue of his Commission for the peace.
And we doe further authorise you from time to time at all
times as you shall see cause to make diligent and enquiry after’
all psons that shall sell or (without licence from vs Or our
Lieutenant grall) lend or deliver any gunne powder or shott
to any Indian, or that shall lodge or enterteine in their house
by night any Indian without leave from vs or ot Lieutent grall,
or from yo' selfe first obteined, & the offendor or offendors
herein to bind over to answere the same at the next County
Court to be held at St Maries. And we doe further authorise
you to elect and appoint some able and sufficient freeman
within yo" hundred to be highe Constable of the same hundred,
to w™ pson so by you elected and nominated we doe hereby
give full power and authority to doe and exequute all such
acts and powers within the said hundred as vnto the highe
Constable of a hundred in England doe or may belong. And
Proceedings of the Council of Maryland, 1636-1647. 71
we doe require and command all the inhabitants of the said
hundred that they doe acknowledge respect and obey you the
said Robert wint' and the said highe Constable by you to be
appointed, respectively in yo severall offices and charges here-
by committed vnto you and him, as they will answere the con-
trary thereof at their ‘pill. Given at S‘ maries this last day of
march 1638 witnesse
Leonard Calvert &c.
[Appointment of John Lewger as Deputy Governor.]
Know all men by these pnts that I Leonard Calvert Esq
Lieutent grall of maryland being to be absent for a while out
of this Province in virginea have constituted and appointed,
and doe hereby assigne depute constitute and appoint my
respected friend m* John Lewger Secretary of this Province
to be in my place & steed Lieutenant grall of this Province
during such my absence, and no further or longer. In wit-
Liber Z.
P- 55
nesse whereof I have herevnto sett my hand and seale this first .
day of Aprill 1638
Leonard Calvert
The L¢ Comissioners for plantations their Order Vppon Cap'
William Cleyborne & his Partners Pet" agst the L¢ Baltemore.
Att White-Hall the 4® of Aprill 1638.
Present
Lo: Archbp of Canterbury
Lo: Keeper Lo: Cottington
-Tresurer Mr: Treasurer
Pryuy Seale M* Comptroler.
Ea: Marshall Mr’ Secr Cooke
Ea: of Dorsett M* Windebanck.
Whereas a Pet” was presented to his Ma by Cap‘ William
Clayborne, on the behalfe of himselfe & Partners. Showing
tht by uertue of a Commis under his Ma hand & Signett,
they diuers yeares past, discouered & planted uppon an Iland,
in the great Bay Chesapeack in Virginia, named by them the
Ile of Kent; Wheruppon they pretended they had bestowed
great charges, & tht the L‘ Baltemore, as they alleaged, taking
notice of the great benefitt th' was likely to arrise to them
thereby obteyned a Pattent from his Ma’ comprehending the
s¢ Iland, w'*in the lymitts thereof. And tht they had likewise
settled another Plant® uppon th® mouth of a Ryu" in the bot-
tome of the s‘ Bay, in the Sasquesahanoughs Country. w°? the
s‘ L* Baltemores Agents there, as they alleage sought to dis-
eye LO
Locus + Sigilli ae
Liber A.
p- 194
Liber A.
BOS
72 Proceedings of the Council of Maryland, 1636-1647.
possesse them of, pretending likewise great iniuries & uiolence
offered to them, in their trade, & possessions in those parts, by
the s* Agents, in killing some of the s* Capt Claybornes men,
& taking their Boates contrary to the s* Commis" & the ex-
presse words of a letter from his Ma’Y under his hand & Signett.
And therfore besought his Ma’Y to graunt unto the s* Pet™ a
Confirmation under the great Seale, of his Matis st Commis" &
letter for the quiett keeping enioying & gouerning of the s@
Ilands, Plan's & People, w" other additament of Lawes & Im-
munities in those parts. And likewise tht his MaY would referre
the Examinaon of the s‘ wrongs & iniuries, to such as his Ma'¥
should thinke fitt, as by the s‘ Pet" more att large appeareth;
fforasmuch as his Ma'¥ was pleased att Newmarkett the 26" of
ffebruary 1637 to referre the consideraon of the Pet’ request,
unto the L* Archbp of Canterbury, the L* Keeper, the L4 Pryuy
Seale, & any other the Commis® for Plant™* who should be
neare att hand, & whom they pleased to call, & w all to ad-
uise w't M* Attorney grall, for the preparing & setling the
Graunt desyred for his Mat Signiture, & to examine the
wrongs complayned of, & certify his Ma’ what they thought
fitt to be done for redresse thereof. Whereuppon all parties
attending their L** this day, w" their Councell learned, & being
fully heard, the s‘ Commis" & Letter being likewise read. It
appeared clearely to their L*s, & was confessed by the s? Clay-
borne himselfe then p'sent. That the s‘ Isle of Kent is w'in
the Bownds & Lymitts of the L* Baltemores Pattent. And tht
the s* Capt Claybornes Commis" as it likewise appeared, was
only a Lycense under the Signett of Scotland, to trade w'" the
Indians of America in such places, where the sole Trade had
not bene formerly graunted by his Mav to any other. W
Commis” their Ls declared did not extend, nor giue any warrant
to the s* Clayborne, or any other: nor had they any right or
tytle thereby, to the s¢ Island of Kent, or to plant, or trade
there, or in any other parts or places, w't the Indians or Sauages
w'tin the precints of the L¢ Baltemores Pattent. And _ their
Ls did likewise declare tht the afores* Letter, under his Mats
signiture, w® had reference to the st Commis" under the Signett
of Scotland was grownded uppon misinformation, by supposing
tht the s* Commis" warranted the Plant" in the Isle of Kent,
w“" (as now appeares) it did not. Whereuppon as allso uppon
consideraon of a former order of this Board of the 3° of July
1633. Wherein it appeared th‘ the differences now in question
being then controuerted, the L* Baltemore was left to the right
of his Pattent, & the Pet's to the course of Law. Their Lo?s
hauing resolued & declared as aboues*. The Right & Tytle
to the Ile of Kent & other places in question to be absolutely
belonging to the L* Baltemore, & tht noe Plant® or Trade w'®
Proceedings of the Council of Maryland, 1636-1647. 73
the Indians ought to be w'tin the precincts of his Pattent Liber a.
wout Lycence from him. Did therfore likewise thinke fitt &
declare, tht noe Graunt from his Ma'Y should passe to the s*
Clayborne or any others of the s‘ Ile of Kent, or any other
parts or places w'in the s‘ Pattent Whereof his Ma's Attorney
& Soliciter grall are hereby prayed to take notice. And con-
cerning the Violences & wrongs by the s* Clayborne & the rest
complayned of in the s? Pet" to his Ma’ their Lor’ did now
allso declare, tht they fownd noe cause att all to releiue them,
butt doe leaue both sides to the ordinary course of Justice.
Concordat Cu™ Originali Ex' T Meautys.
Will™ Bretton Clk.
rr" Aprill. Liber Z.
Entred by Capt Henry ffleete fourescore yards of cloth, P. 58
80 and 7 fathome of peake; to be traded w'” the Indians.
3 and the said Henry ffleete doth acknowledge himselfe to
— owe vnto the Lord Propriet’ two hundred sixtie one
240 pound of tobacco for the tenth of the said truck or for as
21 much of it as shalbe traded for beaver; & likewise doth
—— bind himselfe to pay the tenth part in kind of all the
261 beaver whe shall trade for with any part of the said
truck
Henry ffleete
Recogn coramme
John Lewger Secretary.
17%» Aprill
Memorand that this day m‘ Sheriff hath appointed Robert
Percy to be his bailiff or vndersheriff vntill xtmas next, to exe-
quute for him all writt, & warrants vpon his command, for
exequution of iustice or otherwise and hath promised him a
salary therefore of 100! of tobacco: and the said Robert Percy
hath accepted thereof, & doth covenant and vndertake to.
performe the same & to save harmelesse m* Sheriff for all
neglects or defaults w" may be committed on the part of the
said Robert Percy.
Cecilius &c. to our trusty Cutbert ffenwick of S'maries gent p. s9
greeting. These are to authorise you to question all persons
whom you shall find vnlawfully trading within our Province of
Maryland, or shall find cause to suspect that they have traded
or attempt to trade with the Indians without licence from vs
from or vnder vs first had and obteined, and the persons so
offending together w'" all such truck as you shall find with
them to attach and keepe in safe custodie vntill you shall
Liber Z.
74 Proceedings of the Council of Maryland, 1636-1647.
receive further order herein from vs or of Lieutenant grall;
And whereas we are informed that there is a wreck hapned
on the Easterne shore within o* Province; we doe further
hereby authorise you to inquire and examine touching the said
wreck, and whether any vntimely death of any person have
hapned herein, and by what meanes; and if you shall find any
such wreck to have hapned to take an inventary of the vessell
wrecked and of all goods therein being or belonging to her;
and the same to seise to our vse, and deliver to 0’ Receivo"
generall, forthwith vpon your returne to S'maries; and for so
doing this shalbe your warrant. Given 26'" Aprill 1638.
the report of Cutbert ffenwick taken 8" may 1638
who saith that enquiring after the boate that was said to be
cast away on the Easterne shore, he learned that it was the
boate of one Rowland williams of Accomack; & that he was
killed by the Indians of those parts; and one other w®™ was in
the boate with him; & he was told by the young king of wico-
wamnen that it was the wichocomocos, or the Chesapanies, or
both; & that the king of Patuxent was within 6. miles of the
place where it was done; & that within 2 or 3 daies after the
slaughter, the said king carried away the truck & boate to
Patuxent.
[Appointment of Cornwaleys as Deputy Governor. ]
Know all men by these pits that I Leonard Calvert Esq
Lieutenant grall of this Province, being to be absent for a
while out of this Province in virginea, have constituted and
appointed, and doe hereby elect constitute and appoint my
good frend Captaine Thomas Cornwaleys Esq. and one of the
Counsell of this Province to be in my place and steed, Leiu-
tenant generall of this Province during such my absence out of
the Province; and no further or longer. In witnesse whereof
I have herevnto sett my hand this 27° of May 1638
Leonard Calvert.
27'* may 1638
Memorand that this day came before me Captaine Henry
ffleete, and acknowledgeth himselfe to owe vnto the Lord Pro-
priet™ one hundred pound weight of good beaver to be paid
vnto the Receivo* of the said Lord Propriet* vpon demand.
And if he shall not so doe then he willeth & granteth for
himselfe, his heires, exequutors admrators that the said summe
of beaver be levied vpon the lands goods & chattells of him
the said Henry ffleete wheresoever they shalbe found.
Proceedings of the Council of Maryland, 1636-1647. 75
The condition of this Recognisance is that if the Recognisee Liber z.
Henry ffleete, shall not by himselfe or his factor or servant
trade with any Indians within the precincts of this Province, nor
shall transport any truck throughe any part of this Province to
trade with any Indians on the South side of Patowmeck river ;
without speciall licence hereafter obteined to that end from the
Governor of this Province for the time being then the Recog-
nisance to be void or els to stand in full strength.
Recogn coram me Henry ffleete
Tho: Cornwaleys.
[Appointment of John Boteler as captain of Kent Island
militia. ]
Cecilius &c. to o* trustie John Boteler of the Ile of Kent
gent greeting. whereas in so remote an Iland and situate
among divers Salvage nations, the incursions as well of the
Salvages as of other enemies pyrates and robbers may prob-
ably be feared, therefore we reposing especiall trust and _con-
fidence in the approved discretion skill and experience of you
the said John Boteler doe by these pits appoint you to be
Captaine of the military band of that Ile of Kent in all martial
matters; and doe give vnto you full power to leavie muster
and traine at such time & place as you shall appoint all sorts
of men able to beare armes within o* said Ile of Kent for the
time being (the Commander of the said Iland only excepted)
and in case of any sodaine invasion of Salvages or pyrates to
make warre and to vse all necessary meanes to the resistance
and vanquishing of the enemy, as likewise to exequute martiall
law ags' any mutinous or disorderly :psons of yo" company, w™
shall any way offend against the law custome & discipline mili-
tary. And we doe further hereby authorise you to elect and
appoint such & so many sergeants or other officers for yo"
assistance in the charge hereby committed vnto you as you
shall think fitt. And we doe further authorise you to make
_and publish any orders w* you shall thinke fitt for the defence
and saftie of the Iland. and we doe hereby straitly enioine and
command all persons whatsoever within the said Ile of Kent p. 67
for the time being (after this Commission shalbe published in
the same Ile) to observe the said orders & every of them, and
to be obedient to all other the lawfull warrants summons &
commands of you the said John Boteler in all matters concern-
ing martiall discipline, as they will answere the contrary there-
of at their perill Given at S‘ maries this seven & twentieth
day of may 1638
witnesse Leonard Calvert &c.
Liber Z.
p- 68
76 Proceedings of the Council of Maryland, 1636-1647.
7 June 1638
The bearer hereof Capt: Henry ffleete is hereby licensed to
trade with any Indians for corne or roanoke to buy corne, either
within this Province of Maryland, or on any part of the South-
erne shoare below Patowmeck towne. Provided that he bring
the said corne into this colony to be vsed & expended in the
colony.
John Lewger Secretary
the same licence granted to James Cloughton July 9
June 20.
1638
By vertue of a warrant to me directed I have
seised into the Lord Proprietarie’s hands; these
goods and chattells, belonging to Captaine Cley-
borne within Palmer’s Iland.
Edward Griffin 2. Cowes
william Jones servants 2. heifers
william ffreeman 3. steeres
Richard Reymond 1. bull
1. bull-calfe
I. iron ladle
a screw-plate
a broken chest-lock.
2. crusibles
a p of pincers
2. p of potthooks
10. gonnes
I. great brasse kettle
I. copper kettle
2. truck kettles
1. litle brasse kettle _
a hammer
a maull
a drawing knife
a spring lock & key
I. p of bullett moulds for
pistoll & goose shott
a percer a harquebush crook
a twohand saw an eele speare
a pickaxe 6. weeding hoes
a handbill 5. dutch hoes
I hominie sifter 6. hilling hoes
an augur 5. old broken hoes
a chamber five wedges
8. woodden combes
14. bone combes
3. old horse bells
2. halberds
a house-lock & key
toz
a pcell of blew beads 3 2
1. bushell of corne in a
basket
a p of sheeres
6 yds. % foote peake
1 yard % roanoke
2. quilted coates
a worme
a case of bottles
yds
cont: 6-3¢
4. remnants of blew cloth;
a table board
a woodden chest & padlock
a statute booke
a bread troughe
5 or 6 litle books
1 great booke of mt Perkins
2 washing tubbs
3. bullett moulds for single shott
1. sow & 7. piggs
1. boare & 2. barroes
t
a barrell cont 153/ of shott
OZ
a gourd cont 6 of powder
a reaping hooke
5. dozen of truck-knives
5. sword-blades
20. truck-axes
10. old broken axes
6. large truck-axes
a tosting iron
a hand saw
a froe
an iron pestle
an iron pott
2. trading-pipes
2. files
3. wire-fishhooks
a paire of hingesand alatch
a grindstone
an axe
a marking iron
Stamfords plees
a Pp of tables
a woodden forme
a combe-brush
Robert Vaughan
Also I received these goods belonging to Thomas Smith of
Kent (as is said)
I. pewter basen
a pewter saltseller
2. petticoates for a child
1. stuff petticoate
a sow & 6 piggs
a litle presse
a bow and arrowes
I. pewter candlestick
a gridiron
44 knives
a stomacher
1 woodden chest
2. pewter platters
whereof 1. melted
a stitcht grogran doublett
3. stuff wastcoats
1. cock and henne, and 7. chickens
a remnant of cloth
a course cloth to cover a bedd
Proceedings of the Council of Maryland, 1636-1647. 77
Also one boare belonging to Sergt Howard of Kent (as is Liber Z.
said)
This (as far as I can remember) is a true ,
and perfect Inventary of all the goods received
by Sergt vaughan at Palmer’s Hand
July. 1. the mke of 4 John ffullwood
alias Sands
The Accompt of Serg* Robert vaughan
Imp'mis, died at Palmer’s Iland_ 1. steere
Item; killed at Palmer’s Iland, at the Governors being there
1. boare of Serg' Howards
1. sow of Tho: Smiths
7- piges
the rest of the swine were left vpon the Iland
Item killed there, 1. cock and 7. chickens. the henne deli-
vered to m’ Lewger.
the 4. servants delivered to m' Lewger and the neate cattell
It one wedge lost
It 1. remnant of blew cloth; disbursed for corne for the
meintenance of the company
It: 1. remnant of cloth remaining w'* the Sergeant
It 1 woodden chest of m‘ Smith’s; remaining w'" the serg*
It. a p of tables delivered to Reinold ffleete
It throwen over board; a bread troughe, a woodden forme,
quilted coate
It a case of bottles rem w the Serg"
It the litle books remaining w'* the Sergt & m’ Perkins
booke
It a remnant of course-cloth; delivered to will: Cooke.
It the bow and arrowes delivered to Jack harrington
It 3. knives delivered to the servants.
It 1. washing tubb fallen in pieces. The rest of the goods
mentioned in the Inventary delivered to m* Lewger
p me Robert vaughan
William Clobery to Secretary Coke P.R.O.
28, June 1638. Ge
Right Honorable, ie Noa
The many wrongs and oppressions which wee suffer from
the Lord Baltimore’s people in Maryland, who have lately with
armed men comeing in the night surprized our plantations,
removed our servants and wholy ruinated what wee had there,
enforceth us to renew our complaints to his sacred Majestie.
In which way, being unable through sicknes to waite on you
PRO:
Colonial
Papers. Vol.
IX, No. 117.
Liber Z.
P- 73:
Pepi:
Colonial
Papers. Vol.
IX, No. 120.
78 Proceedings of the Council of Maryland, 1636-1647.
my selfe, I am bold to implore your assistance for me and my
partners therein, assuring your Honor that wee shall not omitt
to be really thankfull. The Earle of Sterling wilbe pleased to
joyne his mediation with your Honor in moving his Maj‘ for
our reliefe. I humbly take my leave and remaine
your Honor’s most humbly
to bee commanded
William Clobery
London the 28"
day of June, 1638.
g* July Entred by James Neale for mt Haw-
ley to be shipped on the Saint Nicholas;
4o yds of cloth at 30! 1 peice of cloth cont 30%%* 4 small
120 peices of cloth cont 934%* 6 dozen of
6 dozen knives at knives 3 dozen of scissors 6 bunches
20! of small white beads; 10 bunches of
3 doz scisso 120 bigger white beads 2 bunches of purple
20! 12 beadsa grosse of bells 24 hoes 24 axes
ne pede at 06 24 armes length of roanoke.
3! other beads 04 The tenth of this truck outward is
at 20! 06 6150! of tobacco: w% said summe of
bells 06 150! of tobacco the said James Neale
‘hoes = 12 in behalf of his said m* doth hereby
axes men 12 acknowledge himselfe to owe vnto the
roanoke — 10. Lord Proprietary to be paid on the 10%
of Novemb next, in case it shalbe putt
188 off for beaver; & he doth further hereby
covenant to pay to the vse of the Lord
Proprietary at the next returne of the said vessell from her now
intended voyage, the tenth part in kind of all beaver furrs w
shalbe bought w'” the said truck or any part thereof
James Neale
Sept: 10. 1638
the said James Neale, vpon his returne averreth that the fore-
said truck for so much of it as was putt off, was putt off for
corne onely; and desireth to be discharged of the foresaid
Recognisance ; and is granted
John Lewger Collector.
The King to Lord Baltimore
14. July 1638.
Crk:
Right Trusty &c. Whereas formerly, by our Royal Letters
to our Governor and Councill in Virginia and to other our
Officers and Subjects in those Parts, We signified our Pleasure
that William Clobery, David Morehead and other Planters in
Proceedings of the Council of Maryland, 1636-1647. 79
the Island near Virginia which they have nominated Kentish
Island, should in no sort be interrupted in their Trade or Plan-
tation by you or any other in your Right, But rather be encour-
aged to proceed cheerfully in so good a work, We do now
understand that though your Agents there had notice of our
said Pleasure, signified by our Letters, yet contrary thereunto
they have slain three of our subjects there, and by force pos-
sessed themselves by might of that Island, and seized and
carried away both the Persons and Estates of the said Planters.
Now out of Our Royal Care to prevent such disorders, as we
have referred to our Comm’ for Plantations the examination
of the truth of these Complaints and required them thereupon
to proceed according to Justice. So now by these particular
Letters to your self We strictly require and command you to
performe what our former Generall Letter did enjoyne and
that the above named Planters and their Agents, may enjoy in
the mean time their Possessions, and be safe in their Persons
and Goods there without disturbance or further trouble by you
or any of yours till that cause be decided, and herein we expect
your ready conformity, that we may have no cause of any
further mislike, Given under our Signet, at our Manor at
Greenwich the 14" day of July in the fourteenth year of our
Reign 1638.
To Our Right Trusty & c
Lord Baltemore.
By the Governor & Cap‘ Generall of Virginia with the advise
& consent of the Counsell of State. A Proclamacon
Whereas the Kings most excellent Ma'Y was pleased by his
Lrés Patents to grant vnto the right ho”* the Lo: Baltemore a
territory or tract of land therein nominated and nowe knowne
by the name of the Province of Maryland with divers franchizes
& ymmunities therevnto belonging As in & by the sd Lrés
Patents more at larg appeareth Nothwithstanding w™ said
Royall Grant & publicacon thereof in this Collony divers per-
sons ill affected to the Governem! established by his Ma’ both
here & in the said Province, haue by p*tence of a former
Comission factiously combyned to disturbe the said Lo: Balte-
more in the possion of part of his said territory, as also to in-
fringe the p'viledg of trade in expresse termes solely granted
to the said Lord Baltemore within the said Province, And after
many violent & disorderly courses the said Pretenders haue
soe farr :pceedet as to Peticon his Ma’ that part of the said
Province nowe knowne by the name of the Island of Kent &
Palmers Island with the Trades thereof might bee confirmed to
them The consid‘acon of w® theire said Peticon his Ma'Y was
Eee:
Colonial
Papers. Vol.
IX, No. 120.
Liber A.
P- 324
P: 325
Liber A.
Liber F.
p- 132
80 Proceedings of the Council of Maryland, 1636-1647.
pleased to referr to the most reverent and right ho" the
Archb’? of Canterbury the Lo: Keeper. the Lo: Privy seale
and any other the Comissioners for Plantacons who should bee
neere at hand and whom theire Los were pleased to call.
Wherevppon theire Lo??s meeting after a full hearing of both
sides the said Pretenders Comissions being likewise read, theire
Lov?’ did declare the right and title to the Isle of Kent & other
places in question to bee absolutely belonging to the Lo:
Baltemore, and that noe plantacon or trade with the Indians
ought to bee within the p'cincts of his Patent without Licence
from him As in & by the Order of theire Los more at larg
appeareth, these are therefore for the future p‘venting of
further mischeifes & Iniuries w may arise from ignorant mis-
takes or p'sumpcons & p'tences as formerly in his Ma‘ name
to phibit all psons being or inhabiting or w" hereafter shalbe
or Inhabit within the Goverm! of this Collony by themselues or
others either directly or indirectly from the date of these
p’sents to vse exercise or entertaine any trade or commerce
for any kinde of commodity whatsoever with any of the Indians
or Salvages inhabiting within the said Province of Maryland
viz: Northward from the River Wiconowe comonly knowne by
the name of Anancock on the Easterne side of the Grand Bay
of Cheseopeack and Northward from Chinquack nowe called
Great Wicocomico on the Westerne side of the said Bay And
for the better regulating of all Trades within the said Collony
It is further hereby commanded that noe -pson shall resort vnto
the habitacons of the aforesaid Indians without Lycence first
obteyned for theire soe doeing from the Lo: Baltemore or his
substitute vppon forfeiture of the goods & Vessels or the full
value of them w™ shalbe lawfully evicted to bee traded or
imployed contrary to the p'misses with such further punishm‘
by ymprisonmt of the party or parties offending against the
true intent & meaning of the said Proclamacon as shalbe
thought fitt by the Governor & Counsell Given at James Citty
the 4'* of October Anno R$ Caroli decimo quarto Annog dni 1638
God save the Kinge
Vera Copia Rich: Kempe Secretary
Comissione and Licences under the Great Seal.
Cecilius Lord Proprietarie of the Province of Maryland Lord
Baron of Baltemore sc_ To all persons to whome these pre-
sents Shall come Greeting Know Ye that We reposeing Espe-
ciall trust and Confidence in the fidelity and wisdom of William
Blanthwaite Gentleman have authorised and appointed and by
these presents Doe Constitute Authorise and appoint the Said
William Brainthwait to be Comander of the Isle of Kent in
Proceedings of the Council of Maryland, 1636-1647. 81
all matters of warfare by Sea and Land necessary to the resist- Liber F.
ance of the Enemy or Suppression of Mutinies and insolencies,
to doe all Such things as to the Chief Captain or Commander
doe belong and appertain untill wee Shall Signifie our pleasure
to the Contrary and in all other matters Civill and Criminall to
use and exercise all or any Jurisdiction and authority for the
administration of Justice and Conservacon of our peace within
the Said Island as any Justice of the peace in England may or
ought to use and exercise by vertue of this Comission for the
peace, and further as there Shall be cause to hold a Court or
Courts and in the Said Courts to award Process hold Pleas p. 133
and to hear and finally determine All actions and Causes what-
soever civill happening and ariseing between any the Inhabi-
tants of the Said Island and not exceeding in damages or
demands the Value of one thousand weight of Tobacco, as also
to hear and finally determine all misdemeanours and Offences
whatsoever Criminall happening or Comitted within the Said
Island, and to award Execution thereupon Soe that the Said
Crimes extend not to the questioning of any one for his life or
member and all matters or Causes whatsoever aforesaid to
hear and determine in the most Summary and equall way that
he may according to the Laws of this Province Established or
to be Established (after publication thereof in the Said Island)
and in default thereof, then according to the Laws of England
as near as he Shall be able to Judge, And further to Elect and
appoint all necessary Officers for the Execution of Justice and
of the authority hereby Comitted unto him with allowance of
Such reasonable ffees as are usualy belonging to Such Offices,
Given at St Maries this 22" day of October 1638, Witness &c
[Additional Commission to William Brainthwait.]
Cecilius Lord Proprietary of the Province of Maryland Lord Pp. 134
Baron of Baltemore &c To all persons to whome these pre-
sents Shall come Greeting, Whereas by our Comission under
our Great Seal bearing date at St Maries the 22'" day of Octo-
ber 1638, We did ordain and appoint our Dear Kinsman
William Brainthwait Gent to be Commander of our Isle of
Kent with Severall powers and authorities for that purpose,
Now know Ye that for further Supply and Interpretation of
the said Comission We Doe not only hereby confirm the pow-
ers and authorities therein granted unto the s* William Brainth-
waite, but doe further amplifie and enlarge it, Giving unto him
by this our present Comission full power and authority by a
precept under his hand to Summon or warn any person being
within our Said Island to Answer to any matter or Suit Civill,
or Criminall and to hear and determine all Suits of debt of
Liber F.
Liber C. B.
1636-10657.
P- 35
p- 36
82 Proceedings of the Council of Maryland, 1636-1647.
what value or demand Soever the Same Shall be, and if any
person Shall be convicted of any debt either to ourself or any
other by the Confession and acknowledgement of the party
himself or by the verdict of Such as Shall trie the matter to
award execucon for all Such Several Sumes by a precept under
the hand of the Said William Brainthwait, which precept We
doe hereby appoint Shall be a Sufficient warrant to the Sherriff
of the Said Island to levie the Said Several Sumes contained
in the precept of execution either by distresse and Sale of the
goods of the partie against whome the Execution Shall be
awarded, or otherwise by Imprisom' of his person as the Said
precept Shall direct, Given at St Maries the 21'" December
1638, Wittness Leonard Calvert Esq &c.
[Order to Sheriff to attach property of Claiborne and partners. ]
Cecilius Lord Proprietary &c* to the Sheriff of our Isle of
Kent Greeting Whereas William Cleyborn late of the Isle of
Kent and his partners William Cloberry and David Morehead
of the City of London in the Kingdom of England Merchants
have jointly usurped our said Isle of Kent & since the absolute
Lordship and Proprietary of the same Isle Granted unto us by
his Majestys Charter under the Great Seal of England and
since the promulgating of the said Charter within our province
have notwithstanding Continued and maintained the said usur-
pation and the said William Clobery and David Morehead
both by Letters Messages and otherwise out of England have
incouraged and Assisted the said William Cleyborn to Commit
sundry insolences Contempts and Rebellions against our lawful
Government and Propriety of the said Island and have by
sundry supplies of men arms and other Commodities ministred
succour and means to the said William Cleyborn to defend
and maintain the said Island against our said just right and
Tcleeake eee and to drive a trade with the Indians of our
province contrary to our Royal Right and priviledge therein
and thereby put Us to Great Expence and Charges for main-
taining our said just Rights and priviledges and for repressing
their sundry Attempts to the infringing and Overthrowing
thereof if it had been in their powers and by their Coopers and
Servants sent out of England to that purpose have felled down
divers of the best Timber Trees for making of pipe Staves
upon our said Land and have otherwise Trespassed and Com-
mitted Wasts upon the same to the Great disturbance of the
peace of our said Province and to our damage of a 1000! sterling
therefore we do hereby Command and Authorize you to attach
all or any the Pipe Staves or other Goods and Chattels what-
soever of the said William Cleyborn and his partners within
Proceedings of the Council of Maryland, 1636-1647. 83
the said Isle of Kent and at the time of the said Attachment Liber C. B.
to Cite or Summon publickly the said William Cleyborn and 1©3°1°5?-
his partners William Clobery and David Morehead that they
appear either in person or by Attorney at some County Court
held at Saint Marys before the first day of February which
shall be in the Year of our Lord 1639 there to make Answer
to such Trespasses wasts misdemeanors Contempts & seditious
practices as our Attorney shall have to Charge them with on
our Behalf and if at the making the said Summons or procla-
mation or within 15 days after any one shall offer to Bail the
said Goods by putting in sufficient Security to the Value of the
said Suit you shall by Virtue hereof take Recognisance to our P. 37
use and thereupon release the said Attachment and if no Bail
be Offered within the time limited we do hereby appoint and
Authorise you to Cause so many of the said Goods and Chat-
tels Attached whereof there shall be any danger of imparing
or a necessity of present disposal thereof to be prised to their
present best Value upon the place by 2 Skilful and honest
meighbours indifferently chosen and to Cause the said Apprais-
ment to be Given in open oath of the said Praysers to our
Commander of the said Island and by him to be entred upon
record and thereupon to deliver to Our use the said Goods
and Chattels so praised and recorded to our Receiver General
his deputy or Assignee he or they first putting in sufficient
Security to Answer and Satisfy the full Value of all such Goods
as shall be by them receiv’d as afores’ to the said William
Cleyborn and his partners when they shall enter their appear-
ance in our said County Court within the time aforesaid Limited
and Appointed for their appearance Given at Saint Marys the
2° of January 1638 Witness Our dear Brother Leonard Calvert
Esq' Lieutenant General of our province.
Cecilius Lord Proprietary &c To John Harrington Liber F.
: P+ 135
Greeting: We doe hereby authorise and Command you To
arrest any persons Vessells or goods tradeing or attempting to p. 136
trade, or traded or attempted to be traded with any Indians of
these parts in or upon any the Rivers waters or Shoars of the
precincts of our Province without Licence from us or our
Lieutent and the Same persons Vessells or goods to have afore
us or our Lieutenant General at S' Maries as Soon as con-
veniently you may there to Answer for the contempt Comitted
against our Ordinance or Proclamation published in that behalf,
And for Soe doeing this Shall be your warrant or Comission,
Given at St Maries the 6" March 1638 Wittness Leonard &c.
Cecilius &c To Cutbert ffennick Gent and John Hollis Mar-
riner Greeting We doe hereby authorise and Command you
Liber F.
p- 137
84 Proceedings of the Council of Maryland, 1636-1647.
to Search any vessells whatsoever lyeing riding or tradeing in
or upon any the Rivers waters or arrest any persons Vessells
or goods tradeing or attempting to trade or traded or
attempted to be traded with any Indians of these parts in or
upon any the Rivers waters or Shores of the Precincts of our
Province without licence from us or our Lieutenant Gental and
if Such persons Shall refuse to obey your arrest We doe fur-
ther Authorise you to use all necessary force and means for
the Compelling them to obey thereunto, Soe that you have
them and their Said Vessells and goods afore us or our
Lieutent General at St Maries as Soon as Conveniently you
may, there to answer for their Contempt Comitted against our
Ordinance and Proclamation published in that behalf.
Memorand that the last foregoeing Entry is
Cross’t out in the Orriginall Record book
[Order to arrest unlawful traders. |
Cecilius &c To Cutbert ffennick Gent and John Hollis Mar-
riner Greeting. These are to authorise and Command you
and either of you to goe aboard any Vessell or Vessells what-
soever riding or Sailing in or upon any the Rivers waters or
Shores of the precincts of our Province and to Search the
Same for any unlawfull Comodities traded or to be traded to
from or with any Indians of this Province and to take Seise
and arrest all Such Vessells goods and persons as you Shall
find So unlawfully tradeing without licence from us or our
Lieutent Generall and If Such persons Shall refuse to obey you
or either of you in the Execution of this our Comission We
Doe further authorise you and either of you to use all neces-
sary force and means for the Compelling them to obey there-
unto as you Shall find it to be needfull Soe that you or either
of you have their Said persons Vessells and goods afore us or
our Lieutenant General at St Maries as Soon as conveniently
you there to answer for their Contempt Comitted against
our Ordinance and in that behalfe And for Soe doeing
this Shall be your Comission, Given at S‘ Maries this 11™
March 1638 Witness Leonard &c.
March 14" 1638
A Comission to Andrew Chappell and Thomas Morris to
trade for corne with the Indians and to export the Same out of
the Province, and to trade with any People out of the Capes,
and to import any Commodities traded for requiring all the
Company to be obedient to Andrew Chappell and forbidding
Proceedings of the Council of Maryland, 1636-1647. 85
him and them to deliver any Arms to any Indian or fforreigner
to continue till the return of Andrew Chappell into the Province
Witness the Admirall
At a Court holden at Saint Marys 20 March 1638
The Governor Authorised the Secretary to Administer an
Oath to him for the equal Administration of Justice &c*
Then were Sworn Captain Thomas Cornwaleys Esq" M*
Giles Brent Gent M' John Lewger Gent in the form appointed
for a Councillor to take upon the same bill
Then was Sworn the said John Lewger in the Oath
Appointed for the Secretary
Then was chosen and Sworn for Sheriff and Coroner
Thomas Baldridge for 1 Year
Then was chosen for Treasuror of the Province M*‘ Giles
Brent
Then the Governor Authorised the Secretary to Administer
to him the Oath of Allegiance as it is Recorded in the Bill of
the last Assembly intituled an act for Swearing Allegiance
Then the Governor administred the same Oath to all the
Council
Aprill 13"
A Comission to Thomas Boys to arrest any persons vessells
or goods unlawfully tradeing with the Indians by Land or
water
258 April 1639
Mr: Secretary
These are to will and Require you to draw a Commission to
Captain Thomas Cornwaleys Esq’ &c* for the hearing and
determining of any Civil Causes hapning during my Absence
from Saint Marys in the same manner as I my Self might do
by the Law of the Province
Leonard Calvert
By the Lieutenant General & Council
28 May 1639
Whereas it is found necessary forthwith to make an Expedi-
tion upon... . the Indians of the Eastern Shore upon the
ublick Charge of the Province it is to that end thought fit that
a Shallop be sent to Virginia for to provide 20 Corsletts a Bar-
rell of Powder four rundletts of Shott a Barrel of Oatmeal 3
Firkins of Butter and 4 Cases of Hot waters and that 5 Able
persons be pressed to go with the said Shallop and necessary
Liber F,
Liber C. B.
1630-57.
p- 40
Liber F.
p- 137
Liber C. B.
1636-1657.
p- 40
p- 41
iiberi@yB:
1636-1657.
86 Proceedings of the Council of Maryland, 1636-1647.
provisions of Victuals be made for them and that a pinnace be
pressed to go for Kent sufficiently Victualled & manned and
there provide 4 hhds meale and likewise that a pinnace be sent
to the Sesquisahanoughs sufficiently Victualled and manned
and that 30 or more Good Shott with necessary Officers be
pressed out of the Province and that each of the Shott be
allowed after the rate of too! tob? :p month or another man in
his Room to tend his plantation and 2 Sergeants double the
said Rate and that Victuals and other necessary Accommoda-
tions for the said Soldiers and for all Others which shall go as
~ Volunteers be made and provided and 2 Pinnaces & 1 Skiff (if
Liber F.
P- 137
p- 138
there be need) shall be pressed and fitted for the transporting
and landing of the said Comp*and that Good labouring hands
be pressed to Supply the places of such planters as shall be
pressed upon the Service and be allowed after the same rate
of 100! -p month
Signed by
Leo: Calvert
Giles Brent
John Lewger
{ Commission to Giles Brent. ]
Cecilius &c To our Dear and faithfull Councellor Giles
Brent Esq of St Maries in our Province of Maryland Greeting.
Whereas the Military band of our Colony Of St Maries is now
destitute of a Captain to lead and Command them and to
Exercise them in the discpline Military We much relyeing
upon your diligence Skill and knowledge, have thought fit to
commend unto yourself that care and Charge and therefore
We doe hereby Constitute ordain and appoint you to be
Captain of the Said Military band with and under our Lieuten-
ant General and to be henceforth Soe called and esteemed
authorising and withall requiring you according to the trust
and charge belonging to that place, to train and Instruct all
Inhabitants of O" Said Colony able to bear arms (those only of
our Councel Excepted) in the art and discipline of war, on holy
days and at any other time when there Shall be need, and by
your Self or your Sergeant or other officer once monthly if you
Shall find it needfull to view at every dwelling house within
the Said Colony the provision of arms and amunition neces-
sary, and where you find any defect to amerce the party failing
at your discretion if it exceed not 30' Tob for one defalt, and
further to punish any delinquents in any kind offending against
the discipline Military, and with the Consent or direction of our
Lieutenant General to use appoint & Command all power and
means necessary or conduceing in your discretion to the Safety
Proceedings of the Council of Maryland, 1636-1647. 87
or defence of the Province in as ample manner, and with as Liber F.
ample and full power to all intents and purposes as any
Captain or Commander useth or of right may or ought to use
by vertue of his office of Captain Wittness our Dear brother
Leonard Calvert Esq &c Given at S' Maries this 29" May
16309.
Cecilius &c To all persons &c Know Ye that p. 139
We have granted unto the bearer hereof Andrew Chappell
ffree licence and Authority to trade with any Indians of our
Province of Maryland for corne, and the corne Soe traded for
to export out of our Said Province, and to trade the Same with
any people, Inhabiting to the Northward of the Capes Com-
monly Called Cape Henry and Cape Charles, willing and
requiring all Such Seamen and others as Shall accompany the
Said Andrew in his Said Voyage to be obedient to him in all
his Lawfull Commands, and We doe Strictly prohibit the Said
Andrew or any other accompanying him to export any arms
or amunition to any Indian or fforreiner whatsoever upon pain
of Such Severe punishment as Such a Crime Shall deserve
And We will that this our Comission continue in force untill
the next return of the Said Andrew or his Vessell into our
Said Province of Maryland Witness Leonard Calvert Esq
Admiral of the Said Province Given at St Maries this 11"
June 1639.
Leonard Calvert Esq &c to Nicholas Hervey Greeting
Whereas certain Indians of the Nation called the Maquante-
quats have Comitted Sundry Insolencies and rapines upon the
English Inhabiting within this Province and being thereof
demanded Satisfaction heretofore have refused to make any,
and therefore Compelled us to enforce them thereunto by the
Justice of a warr These are therefore to authorise you with any, p. 140
Company of English as Shall be willing to goe along with you
Soe they exceed the number of twelve men Sufficiently provided
of arms to invade the Said Mancantequuts only and against
them and their Lands and goods to execute and Inflict what
may be inflicted by the Law of warr and the pillage and booty
therein gotton to part and divide among the Company, that
Shall performe the Service And for Soe doeing this Shall be
your of Comission Given at St Maries this 3° January 1639.
Cecilius &c To all persons &c Greeting Know Ye that We are
in peace and Amity with the Patuxent Indians our Neighbours
and have taken them into our Protection and therefore doe by
these presents prohibit all English whatsoever within our pro-
Liber F.
p-
141
88 Proceedings of the Council of Maryland, 1636-1647.
vince of Maryland for the time being that they doe not offer
any Injury or outrage whatsoever to any of the Said Indians
upon pain of Such punishm' as the offence Shall deserve
Given at St Maries the 24'* January 1639 Wittness our Dear
brother &c
3° ffebr 1639
These are to will and require you forthwith to press any
three Inhabitants of Mattapanient hundred with Sufficient Arms
and Amunition necessary for their defence and with the Said
men to goe to the Town of Aquascack in Patuxent River and
there to demand and receive of the Indians an Aquascack
Indian that Shall be there delivered to You for the Killing of
an Englishman in Anthony Cotton's boat, and the Said Indian
to bring in Safe Custody to S' Maries and there to deliver him
to my Self or (in my absence) to the Secretary, And for Soe
doeing this Shall be your warrant.
[Commission appointing Giles Brent Commander of Kent
Island. ]
Cecilius &c To all persons &c Know Ye that We reposeing
especiall trust and Confidence in the fidelity and wisdome of
Capt Giles Brent Esq and one of the Councel of our Said Pro-
vince have Constituted and appointed and by these presents
Doe Constitute and appoint the Said Giles Brent to be Com-
mander of the Isle of Kent within our Said Province to Rule
and Govern the Inhabitants and all other persons for the time
being or Which Shall be within the Said Island according to
the powers hereafter comitted to him that is to Say in all
matters of warfare by Sea and Land necessary to the training
of Soldiers and levying of them upon all occasions, to the
resistance of the enemy or Suppression of mutinies and exer-
ciseing of Martial discipline within or about the Said Island, to
doe all Such things as to a Captain doe belong by the Law of
war, and in all Causes civil wherein right or damage is de-
manded by or of any Inhabitant of that Island, to cause right
and Justice to be done according to the Laws or laudable
usages of this province, or otherwise according to the Laws or
Laudable usages of England in the Same or the like causes,
as near as he Shall be able to Judge, and to trie all the Said
Causes, and to use Command and appoint all power and means
necessary or conduceing to the doeing of right and Justice as
aforesaid, And in all Causes Criminal prosecuted for Correction,
not extending by the Law of England to the takeing away of
life or member to try and Censure all Offendors in any the
aforesaid Offences whatsoever within the Said Island, with
Proceedings of the Council of Maryland, 1636-1647. 89
Such punishment as he Shall think the offence to deserve And Liber F.
to Elect and appoint all necessary Officers for the Execution
of the power hereby Comitted unto him, And to use exercise
and Execute, all or any other power or powers for the Conser-
vation of the peace within that Island as may be exercised by
any Justice of peace in England by vertue of his Comission or
the Law of England, And for the better assistance of the Said
Giles Brent in the Execution of the premisses We have appoin-
ted our beloved ffriends William Brainthwait Gent Capt John
Boteler and Thomas Adams Gent Inhabitants of the Said Island
to be aiding and assisting to him both in their Councell and
otherwise to the uttermost of their Skill and power; to which
end We likewise require the Said Giles Brent to Consult and
advise with them in all occasions of Importance Given at S'
Maries 3 ffebruary 1639, Wittness our Dear brother &c
[Erection of St. Clement’s Hundred.]
Cecilius &c To our Trusty John Robinson of St Clement's p. 142
Isle Greeting Whereas the Said St Clements Isle and that part
of the main over against it which lyeth between the Herring
Creek and St Catherines Creek is thought fit to be erected into
a hundred by the name of St Clements hundred, We willing to
provide for the better Conservation of the peace and of good
Order within the Said hundred Doe hereby authorise you to
be high Constable of the Said hundred, with all powers to a
high Constable belonging by the Law or usage of England
and in Speciall to arrest all Offendors against the peace and
them to Send or bring to our Lieuten' General or Some Justice
of that division having authority to hear and punish Such
offences, and to enquire of and present to our Lieutenant
Gen‘al or other Justice afores‘ all persons whatsoever that
Shall unlawfully trespass upon any our game of Deer, Turkies
Herons or other wild fowl or Shall destroy them their nest or
eggs, either upon our Land or waters, without leave of or
under us, and to take away their Netts Guns or other means
of takeing them, or that Shall Sell or without licence deliver
any arms or ammunition to any Indian or that Shall not have
ready upon all occasions, Sufficient arms and ammunition
within his house, as the Law requireth for defence ag* the
Indians and to make Searches and to use all means necessary
for the Execution of the power hereby Comitted unto you:
St Maries 16 March 16309.
[ Commission to Thomas Gerrard. ]
Cecilius &c To our trusty Thomas Gerrard Gent Whereas
We have thought fit to erect the Isles called St Clements Isle
Liber F.
p- 143
p. 141
p- 142
90 6Proceedings of the Council of Maryland, 1636-1647.
and Heron Isle, and all the Land over against the Said Islands
on the North bank of Patowmeck River between the Creek
Commonly called the herring Creek on the East and S‘ Cath-
erines Creek on the West and extending Northwards Into the
woods five mile any where from the Said Bank into a hundred
by the name of St Clements hundred, Now to the end our
peace and rights and the good orders of our Province may be
the better maintained and Conserved from time to time within
the Said hundred We relyeing much upon your Provident and
diligent Circumspection doe hereby appoint and authorise you
to be the Conservator of our Peace within the Said hundred,
as well upon the Land as upon the water adjoyning to it with
all powers and authorities belonging to any two Justices of
peace in England by the Law or usage of England, authorise-
ing you and with all charging and requiring you to use all
power and means necessary for the preserving of any our
rights within the Said hundred either upon the Land or water,
and to punish according to your discession with imprisonment
or ffine not exceeding 1! Tob° with any Corporal Correction
not extending to life or member any offendors against our s*
rights and Specially Such as Shall destroy or disturb our game
of Hernes upon Herne Island, by unlawfull takeing either of
the fowl or Eggs or by Shooting upon or near the Said Island,
and to take to your own use, the Guns netts or any other
Instruments used by any offendors to the disturbance or
destruction of any our game as afores‘ and to apprehend and
Send to St Maries All unlawfull traders with the Indians and
Specially Such as Shall give or Sell to any Indian any arms
or ammunition, And to See that the Inhabitants of the Said
hundred be provided of necessary and Sufficient arms for their
defence upon all occasions, and to doe all other things neces-
sary for the Execution of any the powers hereby Comitted
unto you Given at St Maries Wittness Leon
20 March 1639
A Certificate that the Governor is willing that W™ Brainth-
wait Should freely trade with any Indians of these parts, for
any Corne to be expended in the Province and to prohibit all
persons to molest him &c.
The like Comission to William Brainthwait Gent his Additis
in Criminall post verb: the Said Island (with Such Corporal
Shame or Correction, not extending to life or member as he
Shall think the Offence to deserve) etiam his in assissants (We
doe hereby desire our Trusty friend and Councellor Giles
Brent Gent &c (to advise with them in all greater Causes to
Proceedings of the Council of Maryland, 1636-1647. 91
be determined in the Court and in all other occasions of Liber F.
Importance touching the Command or Governm' formerly by
these presents Comitted to him) Given 29" Aprill 1640.
30 Aprill 1640 ;
Cecilius &c To our trusty John Robinson high Constable of
St Clements hundred Greeting We Doe hereby Appoint and
Authorise you to be Coroner of St Clements hundred and p. 144
upon notice or Suspition of any person that hath or Shall come
to his or her death untimely with in the limitts of that hundred,
to warn as many Inhabitants of the Said hundred as you con-
veniently may to view the dead body and to charge the Said
persons with an Oath truly to enquire and true Verdict to give
how the person viewed came by his or her death according to
their Evidence and whether any person fled for the Same, and
to charge any person or persons as Shall be Said to know any
thing therein with an Oath to give true Evidence to the Jury
how the person viewed came by his or her death, and the
Verdict of the Said Jury to put into writeing and the Same to
Certifie to our Secretary at S' Maries by the first Convenient
means, And to doe all other things and to receive Such ffees,
as to a Coroner doe belong by the Law or usage of England.
Given at St Maries the Last day of Aprill 1640 Wittness our
Dear brother &c
143
Cecilius &c To our Trusty Thomas Games Marriner Greeting.
Memoranda that the last foregoeing Entry is Cross’t
out in the Orriginal Record book
Cecilius &c to all &c Know Ye that We have granted and
doe hereby Give and Grant unto the bearer hereof Thomas
James Marriner ffree licence and Authority to export any Corne
bought or had of any Indians out of or through our Province
of Maryland unto any parts of New England and there to trade
the Same with any Inhabitants thereof and the goods or Como-
dities therewith bought or otherwise traded for to import unto
our Said Province of Maryland and there to utter or dispose
the Same at his best discretion, and We doe hereby will and
Command all Such Seamen and other passengers as Shall be
in the Vessell of the Said Thomas Games to be Obedient unto
the Said Thomas Games in all things as befits marriners or
passengers to be, And we will that this our Comission Continue
in force during pleasure of us or our Lieutenant General Given
5" May 1640.
Cecilius &c To our Trusty Henry Bishop Greeting We Doe
hereby authorise and withall will and require you To attach
Liber F.
Pe 145
Liber C. B.
1636-57.
p- 48
p 49
92 Proceedings of the Council of Maryland, 1636-1647.
any person or persons unlawfully tradeing with any Indians of
this Province for beavers ffurrs or any other Commodities and
Such person or persons to have at St Maries there to Answer
for Contempt of the proclamation made and published in that
behalf and if Such person or persons cannot be attached then
to attach any truck or other goods whatsoever of or belonging
to Such person or persons Soe unlawfully tradeing and the
Same to keep in Safe Custody untill Such person or persons
Shall put in Security to Answer Such contempts and Misdemea-
nours that Shall be objected in that behalf against him or them
at St Maries and forthw" upon your return to S‘ Maries to
deliver Such truck or goods Soe attached to our Receiver
General or our Sherriff of St Maries And for Soe doeing this
Shall be your warrant Given 13'" July 1640.
21*t August 1640
Copy of Captain Cleyborns Letter of Attorney
Know all men by these presents that I Cap‘ William Cley-
born of Kecoughton in Virginia Esq’ have made Ordained
Constituted and appointed and by these presents do make
ordain Constitute and appoint my wellbeloved Friend George
Scovell of Nancimim in Virginia my true and lawful
Attorney to ask demand levy Recover and Receive for me in
my name and to my use all and singular Sum and Sums of
money debts Cattle Tobacco debts and every thing and things
whatsoever to me due payable or in any wise belonging of
from or by any person or persons Inhabiting in the province
of Maryland their Executors & Administrators and every of
them Giving and by these press Granting unto my said Attor-
ney full power and lawful Authority in the premises to plaint
arrest sue implead & imprison there and every of there several
Executors & Administrators & every of them and to Recover
the same by Suit or Suits or to sue Execution or Executions
upon the same Recovery or Recoverys according to the Laws
of England af* and also to Compound for acquit Release and
discharge the premises and every part of them and moreover
to perform execute conclude and finish for me and in my name
and to my use all and every other Act and Acts thing and
things whatsoever that shalbe needful and necessary in and
Concerning the premises as fully perfectly and Surely as if
I my self were personally present and whatsoever my said
Attorney shall do or cause to be done in and Concerning the
premises I promise allow and Establish and thereto I Bind me
mine Executors and Administrators and every of us firmly by
these presents in witness whereof I the said William Cleyborn
Proceedings of the Council of Maryland, 1636-1647. 93
have hereunto set my hand and seal the 8'* day of this instant
August 1640 |
Signed
Signed Sealed and Delivered William Cleyborn
in presence of
Henry Poole
Edw‘ Conaway
Locus + Sigilli
To the Right Worshipful Leo: Calvert Esq" and Governor
of Maryland and the rest of the Commissioners
The humble petition of George Scovell Attorney of
Captain William Cleyborn Esq"
Sheweth
That Captain William Cleyborn at his departure from the
Isle of Kent left an Estate within your province as Your Pett-
tioner is informed amounting to a Good Value since which
time divers inhabitants within your province are possessed of
the said Estate but by what right your petitioner knoweth not
Your petitioners humble Request therefore is the
premises Considered that your Worships would be
pleased not only to allow of your Petitioners Letter of
Attorney but also to Grant unto him free power and
Liberty together with Your Worships furtherance there-
in for the recovery of the Aforesaid Estate in the hands
of any in whom it shall be found
And your Petitioner shall ever pray
The Answer
What Estate Captain William Cleyborn left within this
Province at his departure undisposed of on 24 March 1637
The Petitioner may know that it is Possest by right of forfeiture
to the Lord Proprietary for certain Crimes of Pyracy and
murther whereof the said Cleyborn was attainted the day
aforesaid by judgment of the house of General Assembly if the
petitioner can find out any of the said Estate not possessed or
held by that right he shall do well to inform his Lordships
Attorney of it that it may be Recovered to his Lordships use
but if the said Cleyborn or any other to his use have since the
said day acquired any Estate within the Province the law of
the Province without any Grant or furtherance of Governor or
Commissioners gives the petitioner or any other Attorney of
the said Cleyborne free power and Authority to recover it and
when it is recovered such Order shall be taken with it as
Justice shall Require
liber ©. B:
1636-57.
p- 51
Liber F.
p- 145
p- 146
94 Proceedings of the Council of Maryland, 1636-1647.
[Proclamation against Forestallers.]
ffor preventing the Avaritious dessigns, of all Such as Shall
for private Lucre practise the Ingrossing fforestalling broking
or Regrating of goods to the Common and publick damage and
prejudice of the Inhabitants of the Province It is hereby prohi-
bited and forewarned to all persons as well fforreignors as
Inhabitants, that noe person whatsoever fforestall contract bar-
gain or bid price for any goods hereafter Imported or des-
signed to be Imported into the Province to or with the owner
of Such goods or any other to his use, nor receive or carry
from aboard any Such goods, nor move or advise the owner of
Such goods, to any price or certain rate to the prejudice of the
Inhabitants, nor to import or utter them in the Province, or to
unlade or utter the goods then in the Province, nor that
any Such owner or other person importing any goods, Sell
utter unlade or deliver any Such goods within the Province to
any Such person afore or untill he have been with the Lieuten-
ant General, or before leave published, to break bulk upon
Such rates as Shall be agreed upon, and that after Such rates
agreed upon and published by the Lieutenant General noe
person buy Sell bargain or contract for any Such goods at
higher rates than Shall be Soe agreed and published and that
after any goods are arrived within the Province and rates pub-
lished as afore noe person Ingross or buy to Sell again any
Such goods out of any pinnace or less Vessell untill 7 days nor
out of any Ship Or Greater Vessell untill 28 days at least after
Such Ship or Pinace have had leave to break bulk, nor Sell or
utter any goods Soe bought within the time aforesaid at higher
Rates than the rates published for those goods, and that noe
person whatsoever regrate or Sell again within this Province
any goods bought in Virginia untill further leave or order
from the Lieutenant General, And for the better Execucon
hereof I doe hereby will and require the Sherriff of each County
Imediatly upon the arrival of any Ship or other Vessel in any
County to goe aboard the Same, and there to fix a Coppy of
his proclamacodn upon the Mast, and to use all means and
authority requisite for an Officer to use, that the Same be duly
observed by all persons whome it Shall concern and without
further warrant to arrest and imprison any person or persons
as Shall infringe or contemne the Same Whereof I require the
Said Officers and all other persons to take notice upon perill
of Such censure of Court as the Contempt and importance of
it to the publick damage Shall deserve Given the 9° Novemb
1640:
Memorandum That the last foregoeing Procla-
macon is Cross’t out in the Orriginall Record
book. :
Proceedings of the Council of Maryland, 1636-1647. 95
Novemb 16" 1640.
These are to will and require you to warne William Brough
and John Wortley that they be before Lieutent Robt Vaughan
at Such place and time as he Shall appoint to take the Oath of
viewers for the hundred of St Clements and to be there your-
self to take the Same Oath whereof fail not And for Soe doeing
this Shall be your warrant
To the high Constable of St Clements hundred. Eod
These are to authorise you to Administer the Oath of a
viewer according to the forme in that behalf by the Law Pro-
vided unto John Robinson John Wortly, and William Broughe
of St Clements hundred Planters.
[Rents in Kent Island.]
Cecilius &c* to the Sheriff of our Isle of Kent Greeting
Whereas since our Conditions of Plantation published in the
Year 1633 and since divers persons have entred upon the Isle
of Kent and there seated themselves and taken up several
parcells of Land whereby they became Obliged to the Rent
Reserved upon the said Conditions these are therefore to will
and Require you to demand of every several tenant possessed
of or Claiming to any Land within the said Island the rent due
for the said Land possessed or claimed by every such tenant
viz'] for every fifty Acres twelve pence Sterling or the Com-
modities of the Country for every year that he hath been
possessed of the same for which twelve pence you may Receive
four pound of Tobacco or one peck of wheat and whereas
divers persons are possessed of several parcells of Land by
Virtue of a pretended Grant from Captain William Cleyborn
for the Yearly Rent of two Capons our will is that from such
tenants you demand no more for the time past then the said
two Capons for every Year that the Rent hath been behind
and from such as shall be willing to Commute the said Rent
into some other Commodities that you may take for every two
Capons sixteen pound of Tobacco or one Bushel of wheat and
if any shall Refuse or delay to pay their said Rents and Arrears
of Rent due in manner as aforesaid or to Compound for the
same as aforesaid then we do hereby Authorise you and withal
will and require you to destrain for the same upon any the
Lands Goods or Chattels of the party or parties so refusing or
delaying and such rents as shall be by you received by virtue
hereof make Accompt thereof to our Receiver General at Saint
Marys who shall satisfy you for your pains therein whereof fail
not & Given at Saint Marys this 7° December 1640
Cecilius &c* to our trusty John Robinson high Constable of
Saint Clements hundred Greeting Whereas William Britton of
Liber F.
TibexiGeB:
1636-1057.
Pp. 5¢
Pp: 52
Liber C. B.
P- 53
Liber F.
p- 146
p- 147
96 Proceedings of the Council of Maryland, 1636-1647.
your hundred Gent hath Complaind to us that certain Indians
have done him much Spoil in his Swine we willing to do him
Justice therein as befits us do therefore hereby authorise you
and withal will and Require you to repair to the King or Great
men of any Town whose Indians have done him such Spoil as
he shall Give you Notice of and in our name to demand of
them that Satisfaction be made him for the same according to
the damage that he hath suffered and if the same be Refused
or delayed unjustly as you shall think to warn the said King
or Great men or some of them as you shall think fit that he or
they or some messenger authorised from them be with our
Governor at Saint Marys within a Certain day by you to be
appointed according to your discretion to shew Cause why they
Refuse or delay to Give such Satisfaction as is demanded and
to protest and denounce to them that if Satisfaction be not
made nor Cause shewen at or afore the said day that we intend
to Give free Liberty to the said William Britton to right him-
self upon any the persons or Goods belonging to that Town
by all means that he may and what you shall do herein certify
to our Secretary under Your hand before the feast of our Lords
Nativity whereof fail not Given at Saint Marys this 9'" December
1640 Witness our dear Brother Leonard Calvert Esq" &c*
To Lieutent Robert Vaughan
Cecilius &c Know Ye that We for and in Consideration
That Thomas Adams one of our Comissioners of our Isle of
Kent Gent, hath performed unto us acceptable Service within
the S* Island, and to the end he may be encouraged to doe
unto us and our heirs further faithfull Service within our Said
Island and Province of Maryland, Have of our Meer Grace of
and with the advice Of our Dear brother Leonard Calvert Esq
&c And hereby doe fully acquitt remitt and pardon forever,
unto the Said Thomas Adams All and all manner of Pyracies
at any time heretofore Comitted or pretended to be comitted
by the Said Thomas Adams against our peace and dignity
within our Said Province Given at St Maries this Sixth of
March 1640. Wittness our Said Dear brother &c.
[Commission to Cyprian Thoroughgood.]
Cecilius &c To our trusty Cyprian Thoroughgood Gent
Greeting, We reposeing especiall trust and Confidence in Your
faithful diligence, have appointed and elected, and by these
presents, Doe elect and appoint and Constitute you to be our
high Sherriff of our County of St Maries, during this ensueing
year, chargeing you by vertue of your Oath made to us in this
behalf that you do diligently and duely execute the Said office
Proceedings of the Council of Maryland, 1636-1647. 97
in all points belonging to it so far as You shall be able & th' Liber F.
yo Execute or Cause to be executed, all writts and warrants
directed to you, and true and faithfull return doe make of all
Such writts and warrants Soe far as Shall be demanded of
you. Given at St Maries 8 Aprill 1641. Wittness our Dear
brother &c.
The Same day the Said Cyprian made oath to the purpose
aforesaid and bound himself to the Lord Proprietary and his
heirs in two thousand wt of Tob. for the due performance of
his s* oath
Cy: Thorowgood.
Cecilius &c To our faithfull and beloved Counsellor Giles
Brent Gent Greeting, Whereas many Causes may happen
within the Isle of Kent wherein our Commander of the Said
Island is a partie, or is or may be Interested which cannot be
called or removed to St Maries without great charge trouble
and hindrance both to our Said Commander and to any other
parties, And Whereas one Cause of this nature is now depend-
ing between Thomas Bradnock (our Said Commander’s mate)
p' and Henry Bellamy Def being an Action of debt of 3000!
Tob. We reposeing Especiall trust and Confidence in your
Judgment and Integrity Doe hereby assigne and authorise you
to try hear and determine as well the Said action of 3000! Tob?
as all other Civill actions whatsoever happening or arise-
ing within the Said Island wherein our Said Commander
is party p' or Defend‘ or wherein the party p' or Defendt
is intituled by from or under o* s* Commander or other-
wise notably interested in the Cause, that either partie
appeals from him and to award process for parties or Witt-
nesses to Administer Oaths, and to use and exercise all other
power and Means necessary to Such Judicature hereby P 48
Comitted unto You, and to the Execution of it Except appeal
be made from your Sentence And if any party appeal from
your Sentence You as grievous or unjust you may notwith-
standing Cause Such your Sentence to be executed if you find
the appeal proceeds from intent of vexation or delay, In which
Case and you may bind Compell the partie appealing in Such
Sume to his Lordp & with Such Sureties as you Shall think fit
to prosecute the appeal at_S' Maries afore our Lieutenant
Governor within a Certain time by you to be limitted reason-
ably and to abide and perform the Judgment that therein
wherein reasonable time to be given, and in like manner to
bind likewise the party Def‘ in the appeale to be present afore
our Lieuten' Governor or at St Maries at the Same time
Liber F,
Liber C. B.
1636-57.
P- 55
Liber F.
p- 149.
98 Proceedings of the Council of Maryland, 1636-1647.
and place to defend the appeal and perform the Order of
Court in it, Given at S'Maries under our Great Seal this Sih
May 1641 Wittness our Dear brother &c.
Acts of State.
Know all men by these presents that I Leonard Calvert Esq
Lieutenant General of the Province of Maryland being to goe
out of the Province to Virginea for a while doe hereby nomi-
nate Elect Substitute and appoint my respected friend Cap*
Thomas Cornwaleys Esq to be Lieutenant General of the Pro-
vince during Such my absence out of the Province and noe
longer to use and Execute all powers belonging to the Said
Office Except only that he Shall not release any fines or for-
feitures due to the Lord Propiary or pardon any Judgment
heretofore given in Court.
Leonard Calvert
10 May
Upon the petition of a Great part of the Colony for the
pardoning of Dandy the Governor exchanged the Sentence of
death into three Years service to the Lord Proprietary where-
with the said Dandy was well Contented to serve three Years
from the date hereof
4* July 1641
These are to will and require you to repair to every Several
Plantation within the Several hundreds of St Maries St Michael’s
St George’s and Mattapanient and there by all all means that
you may to enquire and inform your Self whether every hand
planting Tobacco this Crop doe plant and tend two acres of
corne as the ground Shall be estimated by the Deputy Surveyor
who is to accompany you to that purpose, and where you find
any default of the Said quantity of corne planted and tended
according to the proportion aforesaid to return the names of
the persons makeing the default and the quantity of ground
wherein you find the defalt to be made by the Estimation
aforesaid to the Secretary before the ffeast of St Michael next
comeing whereof fail not at Your peril, And for Soe doeing
this Shall be your warrant
To the Sherriff of St Maries:
Whereas it is necessary at this present to Stand upon our
guard against the Indians, these are therefore to publish and
Straitly to prohibit all persons whatsoever that no man presume
to harbour or entertain any Indian whatsoever after notice
hereof upon pain of Such punishment as by Martiall law may
_ Proceedings of the Council of Maryland, 1636-1647. 99
be inflicted, And I doe hereby authorise and declare it Lawfull
to any Inhabitant whatsoever of the Isle of Kent to Shoot
wound or kill any Indian whatsoever comeing upon the Said
Island untill further Order be given herein Given at St Maries
10 July 164
Signed Leonard Calvert
6* October 1641
Whereas an Assessment bearing date 6 May 1641 for the
levying of certain publick Charges is by the Leiu! General and
Council made and Charged upon the several Inhabitants of the
province according to the Act of General Assembly in that
behalf made and provided these are therefore to will and
require you to levy the sums assessed in the said Assessment
upon any and every the parties severally Assessed _ therein
within your County for the time being by distraining any
Tobacco’s or by distress and Sale of any other Goods of the
party or parties refusing or delaying to pay the said Assess-
ment and to pay the Sums by You Levied unto the Treasurer
of the province and the Overpluss of any distress and Sale
after lawful fees paid to render it to the Owner Whereof fail
not at your perill and for so doing this shall be your warrant
To the Sheriff of St Signed
Marys Leonard Calvert
8» October 1641
These are to License William Howkins to keep an Ordinary
or Victualling House at or near Saint Marys during pleasure
Signed
Leonard Calvert
Conditions propounded by the right ho”* Cecilius Lord
Baltemore Lord Propriet’ of the Province of Maryland
in the parts of America, to such persons as shall ad-
venture or goe to plant in the Province aforesaid which
conditions are to begin from the ffeast of the Annun-
ciation of the Virgin Mary 1642. And to continue till
new or other conditions of plantaon for the said province
shalbe published vnder his Lo** hand and seale within
the said Province.
Imp'mis what person soever being of Brittish or Irish descent
that shalbe at the charge to transport into the Province of
Maryland himselfe or his deputy with any number of able men
betweene the ages of sixteene and fifty yeares of age of the
discent aforesaid, provided & furnished with armes & munition
according to a pticular herevnder exprest, or any number of
women betweene the ages of fourteene and fourty yeares of age
There shalbe granted vnto every such Adventuror for every
Liber F.
Liber C, B.
1636-57.
Pp. 57
p. 58
Liber P. R.
P- 35
Liber P. R.
100 Proceedings of the Council of Maryland, 1636-1647.
twenty persons he shall so transport thether in one yeare, a
proportion of good land within the said Province conteyning
in quantity two thousand acres of English measure; w® said
lands shalbe erected into a Mannor, and be conveyed by grant
vnder the Seale of the said Province to him or her and his or
her heires forever in socage tenure, with all such royalties &
priviledges as are vsually belonging to Mannors in England.
Rendring & paying yearly vnto his Lo? and his heires for
every such Mannor a quitt Rent of fforty shillings sterling :p
annu to be paid in the commodities of the country, and such
other services as shalbe generally agreed for publique vses and
the common good. |
Item what person soever of the discent aforesaid shall at his
or her owne charge transport him or her selfe and any lesse
number of persons men or women then twenty of the discent
aforesaid and aged & provided as abovesaid, he or she shall
have assigned to him or her and his or her heires and assignes
for ever for & in respect of him or herselfe and every such
person as aforesaid, fifty acres of land within the said Province
to be holden of some Mannor of his Lo??s within the said Pro-
vince in free socage paying therefore yearly a quitt Rent of
twelve pence sterling p anni to his Lo? and his heires for
every fifty acres in the commodities of the country as afore-
said.
Item any person of the discent aforesaid that shall at his or
her owne charge transport thether any children of the discent
aforesaid, that is to say, boyes vnder the age of sixteene yeares
and girles vnder the age of fourteene yeares, shall have
granted to them and their heires for & in respect of every
such child so to be transported as aforesaid twenty five acres
of land within the said Province to be holden of some Mannor
of his Los within the said Province as aforesaid vnder the
yearly rent of six pence sterling for every twenty five acres to
be paid as aforesaid.
Item every person whatsoever that shall clayme any propor-
tion of land in the said Province of Maryland by vertue of the
conditions aforesaid shall passe a grant of the said lands so
due to him her or them as aforesaid vnder the Seale of the
Province aforesaid within one yeare next after the said lands
shalbe due vnto them and assigned and sett forth in some part
of the said Province by his Lo* Lieutent grall there, or in default
thereof they shall by vertue of these conditions loose their
right vnto the said lands for ever
Proceedings of the Council of Maryland, 1636-1647. 101
A Particular of such Armes and-Ammunition as are
intended & required by the Conditions abovesaid to
be provided & carried into the said Province of, Mary-
land for every rman betweene the ages of sixteene &
fifty yeares w® shalbe transported thether.
Imp'mis one muskett or bastard muskett with a snaphance
lock
Item ten pound of powder
Item fourty pound of lead bulletts, pistoll & goose shott,
each sort some
Item one sword and belt
Item one bandelier & flask
dated at London, tenth day of November 1641.
C: Baltemore.
12" January 1641
Liber P. R.
Niber CB:
1636-1657.
I do hereby Authorise Giles Brent Esq’ Gent Councillor of p. 142
this province to do use and appoint within the Isle of Kent all
power and means necessary for the Administration of Justice
and the peace and good Order of the Island as hath heretofore
been used or may be used by the Commander of Kent and
likewise to take inventories and Acco's of Administrators or
Executors inhabiting within the Island and I do further appoint
and Authorise Captain John Boteler to hear and determine all
Causes wherein the said Giles Brent shall be plaintiff or
defendant within the Island and to exercise all necessary juris-
diction therein
Signed
Leonard Calvert
[Commission appointing J. Langford Surveyor General. |
Cecilius by the Grant and Donation of his most Excellent
Majesty Lord Proprietor of the Provinces of Maryland and
Avalon Lord Baron of Baltemore To all to whome these presents
Shall come Greeting Know Ye that We being very Confident
of the fidelity Industry and provident circumspection of our
trusty and well beloved John Langford Gent. out of our espe-
ciall favour certain knowledge and meer motion, have given and
granted & by these presents for us our heirs and assignes Doe
give and Grant to the Said John Langford the Office and place
of Surveyor General of us our heirs and assignes of all and
Singular Castles Lordship’s Mannors fforrests Chases parks
messuages tenements Lands woods Rents Revenues posses-
sions and hereditaments whatsoever of us our heirs and
assignes within our Province and territory of Maryland as well
within liberties as without, And We Doe by these presents
make Ordain and Constitute as aforesaid the Said John Lang-
Liber F.
p. 150
Liber F.
p. 151
Historical
M. S. Com.
Report V
p- 14
Liber F.
P- 153
102 Proceedings of the Council of Maryland, 1636-1647.
ford Surveyor General of us our heirs and assignes, To have
and to hold‘enjoy-and exercise the foresaid Office to the ffore-
said John Langford by himself or his Sufficient Deputy or
.Depuiies during his fral life Together with all vayles ffees
‘;regards advantages profits and allowances whatsoever to the
Said Office belonging and appertaining as fully and intirely
and in as ample manner & forme as any other of our Sur-
veyors ever heretofore had held or enjoyed the Same or
any Surveyor of the Province of Virginea ever had held or
enjoyed the Said place and Office of Surveyor Generall
in the Said Province of Virginea Commanding all to and by
these presents, firmly enjoyning All and Singular Sherriffs and
Other our Officers Ministers and all other people within our
Said Province of Maryland that they be Obedient assistant and
aiding to the Said John Langford and his Deputy or Deputies
in the Execution of the foresaid Office from time to time as
they Shall be thereunto required, and as becometh them Given
at St Maries this 24 March 1641.
Signed Leonard Calvert
locus + Sigilli
In House of Lords.
1642. March 26.
Petition of William Arundell Esq. That a writ ne exeat
regno may be granted against Lord Baltimore who is intending
to depart the Kingdom and go into Maryland where he hath a
Plantation (see Lords Journal IV. 671.)
[Commission to Robert Evelin.]
Cecilius &c To our Trusty Robert Evelin Greeting Whereas
it is necessary at this present to put the English liveing at Pis-
catoway in a posture of defence ag*t the Indians, and to comitt
the care and charge thereof unto Some able and discreet per-
son We relying much upon your Skill and courage, Doe hereby
Constitute appoint and authorise you the Said Robert Evelin
to take the charge and Command of all or any the English in
or near abt Pascatoway, and to leavie train and Muster them
upon all occasions, to punish and Correct delinquents according
to y' discretion and the discipline of war, to make war, resist,
or offend any enemies whatsoever, that Shall assault you or
them, and to pursue them by Sea or Land, and by any means
you may to take and vanquish them, and either to Save or kill
them at your pleasure by the Law of war, and to doe all and
every other thing, which unto the charge and Office of a Captain
of an Army belongeth or hath accustomed to belong, And We
hereby require all the Said English to be Obedient unto you,
Proceedings of the Council of Maryland, 1636-1647. 103
in executing the charge and Command aforesaid upon pain of Liber F.
Contempt as may be Justly Inflicted by the Law Martiall, Given
under our Great Seal at St Maries this 23'" June 1642
This our Comission to endure untill further Order to the
Contrary. Given 23 June 1642.
Cecilius &c To our Trusty Councellor William Blount Esq p. 154
Greeting Whereas the Military band of our County of 5‘ Maries
is at this time destitute of a Captain to take care & Charge of
the Safety and defence thereof Especially in this present danger
and fear of the Incursions of Some Indians our enemies, We
relyeing much upon the Skill and Courage Doe hereby Con-
stitute and authorise you to be the Captain of the Souldiery
our Said County of St Maries to leavie Muster and train all or
any English able to bear arms within Ot S* County according
to your disretion and to punish all Contemners and other
offenders against the Law of discipline of war, according’ to the
Said Law and discipline as near as you may, and to use all
force and means you may for the resistance of the Enemy and
Safety and defence of the Colony, and to doe all and every
other thing which unto the Charge and Office of a Captain of
an Army belongeth or have accustomed to belong, And We
doe hereby require all the Inhabitants of the Said County and
all other persons within the Same for the time being to be
obedient unto you in all things that Shall concern the Execution
of the power & Command hereby Comitted unto you upon
Such pain of Contempt as may be Justly Inflicted by the Law
Martiall, This our Comission to endure untill the return of our
Dear brother Leonard Calvert into this Province, or untill
furth' Order to the Contrary Given 23 June 1642.
Orders proclaimed 23 June 1642 upon pain of death or other
penalties, as by Severity of Martiall Law may be inflicted:
That noe Inhabitant or housekeeper entertain any Indian
upon any colour of Licence, nor doe permitt to any Indian any
Gunn powder and Shott.
That all housekeepers provide fixed gunn and Sufficient
powder and Shott for each person able to bear arms.
Noe man to discharge 3 Gunns within the Space of % hour p. 155
nor concurr to the dischargeing Soe many, except to give or
Answer alarm.
Upon the hearing of an Alarum every housekeeper to answer
and continue it Soe far as he may.
Noe man able to bear arms to goe to church or Chappell or
any considerable distance from home without fixed gunn and
1 Charge at least of powder and Shott.
Liber F.
p- 156
104 Proceedings of the Council of Maryland, 1636-1647.
Of these every one required to take notice upon pain of
Contempt. for better execution, the Serj' to inform the
Lieutent Governor or Captaine.
2° July 1642
Cecilius &c To our trusty William Mac: ffenin Greeting,
We relyeing upon your Skill and experience doe hereby
appoint and authorise you to be Serjeant of S' Maries and St
George’s bounds and to have the ffee thereof, and to train &
to muster All men able to bear arms in StGeorge’s hundred
once every fortnight and provide all arms and amunition if
no Inconveniency hinder and in all other things within the Said
bounds of St Maries to have use & exercise the charge &
office of a Serjeant as it useth or ought to belong to it,
And We doe here by require all persons, Inhabiting within the
S* St George’s hundred or within the hundred of St Maries or
S' Michael’s to be obedient respective and assisting to you in
the quality and Office of Serjeant as aforesaid: Given this
Second July 1642.
Memorandum That the Last foregoeing Comicon
is Cross’t out in the Orriginal Record book
A Comission to Macfenin to the purpose of the warr' Signed
by Gov’ 11 July 1642
These are to desire you to repair to the Great men of Patux-
ent and of the Nations adjoyned to them and of them to
demand in my name to deliver without delay unto Simon
Demibiel or Henry Bishop or any other the bearer or Bearers
whereof the persons of Such Indians of any of those nations as
Shall be named to you by the Said Simon or Henry to have
done unto them and other English injury in their Swine &
otherwise, to the end the Said Simon or Henry may bring the
S* Indians before me to answer Such Complaints as Shall be
objected against them by the said Simon or Henry or any
others, And Certifie me what you have done herein as Soon
as you may, And this Shall be your warrant.
To M* Rigby.
2° August 1642
These are to will and require You to draw a Comission to
Mr’ Giles Brent to be Commander of the Isle of Kent and for
William Luddington and for M* Richard Vhomson to be
Joyned with him in Comission and to put the Great Seal to it,
and then Send it to me to be Signed, and this Shall be your
warrant.
Signed Leonard Calvert
To M? Secretary:
Proceedings of the Council of Maryland, 1636-1647. 105
[Commission appointing Giles Brent Commander of Kent Liber F.
Island. ]
Cecilius &c To all persons &c Know Ye that We doe
hereby appoint and authorise our trusty Councellor Giles
Brent Esq to be Commander of our Isle of Kent in all matters
of warfare by Sea and Land necessary to the resistance of the
enemy or Suppression of Mutinies and insolences to doe all
Such things as to a Chief Commander doe belong and to be
chief Judge in all matters civill and Criminal happening within
the Said Island, And We Doe further hereby authorise and
appoint our trusty William Ludington and Richard Thomson
Gent to be Comissioners within the Said Island to all powers
and as by the Law of the Province doe or Shall belong
to the Comissioners of a County And We require all persons
for the time being within the Said Island that they doe
acknowledge obey and respect the Said M* Giles Brent M*
William Ludington and Mr’ Richt Thomson in the quality of
Commander and Comissioners respectively as aforesaid as
they will answer the Contrary hereof At their perill, Given at p. 157
S' Maries this Second August 1642 Wittness our Dear
brother &c.
Cecilius &c To our Trusty Richard Thomson and William
Luddington Comissioners of our Isle and County of Kent
Greeting We doe hereby appoint and authorise you to admin-
ister an oath to M‘ Giles Brent Esq Commander of the Said
Isle in the words following [You Swear that whilst you are in
Comission of Judge within this Province you will defend and
maintain all and every the due rights and Jurisdictions of the
Lord Proprietarie of this Province the peace and wellfare of
the people you will procure Soe far as you may you will delay
nor denye to man right or Justice, but equall Justice will
administer to all men to your best Skill according to the Laws
of the Province Soe help you God] And what you Shall doe
herein Certifie unto us or our Lieutent General without delay,
Given at S' Maries this 2* August 1642.
Cecilius &c To our Trusty Councellor Giles Brent Esq
Commander of our Isle of Kent Greeting We doe hereby
appoint and authorise you to Administer an Oath to M*
William Luddington and M'* Richard Thomson Gent Comis-
sioners of the Said Island in the Same forme as they are
appointed to Administer it to your Self in the Comission above
directed, And what you Shall doe herein Certifie unto us or
our Lieuten' General without delay Given ut Supra.
Liber F.
p- 158
P2159
106 Proceedings of the Council of Maryland, 16 36-1647.
18" August 1642
Comission to Capt Cornwaleys to leavie men and Command
them, and use all power and means conduceing in his discre-
tion to the resistance and CastigaGon of the enemies and van-
quishing of them in as full and ample manner as any Cap!
General of any army may, and requiring all officers and
Soldiers &c to be obedient and assistant to him upon paines
as may be Inflicted by Martiall Law:
Coppie of a Letter Written by our Gov' to Gov't of
Virginea.
Honoured St
The knowledge I have of your most diligent & Provident
care of the General good and Safety of all his Majtes Sub-
jects Comitted to your Charge and the affection you have
to ours of this Province your Neighbors and fellow Sub-
jects makes me confident to present unto You the necessi-
ties w% the barbarous Massacres Comitted formerly upon
John Angood and four others of his Majesty Subjects in his
Company belonging to your Colony, and now lately againe
upon eight more belonging to this Province together withe
burning and robbing of their houses, hath drawn both upon
your Self & me, of Setting forth of an expedition against the
s* Indians for the vindicateing of the Honour of our Nation,
and also to deterr the like outrages upon us for the future, for
which purpose I have desired this Gentleman Coll? Trafford to
present my requests unto you for the aid of roo men furnished
and Set forth fitting for the Service from you out of your
Colony to be with me at the Isle of Kent, where I have ap-
pointed our Randez vouz. on the first of October next, where
I will have in readiness 100 more of this Province will be able
to afford them with the Safety of those, that must pe cletteat
home in their houses. St‘ the first harm was yours from the
fores* Indians, which I was desirous to have revenged had I
been able being nearest to the habitations of them. (as I for-
merly have done upon the Nanticoque Indians for the death of
one Rowland Williams of Accomack before the Joynt expedicon
made by both Colonies) Since we have received this last Mis-
chief, by reason yours by Angood’s death and his Companies
was noe Sooner punished, therefore I doubt not but you will
apprehend the necessities which our General Safety for the
future requires that it be noe longer deferred but put in Exe-
cution with all the Speed that may be, to which I will not fail
to add what help I can from hence, This Gentleman Colle
Trafford will be able to informe you of all things that you Shall
desire to know concerning it from hence, his worthy abilities
Proceedings of the Council of Maryland, 1636-1647. 107
are known unto you wherefore give me leave to referr you Liber F.
unto him and rest:
ffrom St Maries this 23" Yor faithfull friend to Serve
August 1642 you.
Leonard Calvert
25" August 1642
Henry Bishop
You are notwithstanding any former Order or Instructions
to the Contrary to permitt all Inhabitants of your Division to
tend their Cropps only upon any alarum they are to repair
without any delay to your ffort and upon any alarum from
Patuxent you are to repair with all your Strength to aid that
ffort, and the English there whereof fail not, And this Shall be: -
your warrant
Signed Leonard Calvert
[Orders in case of attack by Indians. ]
Whereas it is necessary for the Safety of the Colony to reduce
the Inhabitants liveing dispersed in Several plantations to Some
places of better Strength in Case of any Suddain inroad of In-
dian Robbers and pillagers, I have therefore appointed and
doe hereby Command and Ordain in the name of the Lord
Propriary that noe Inhabitant of this Colony presume (untill
further Order or liberty in that behalf) to discharge or Concurr
to the dischargeing of three Gunns within the Space of one
quarter of an hour upon any occasion whatsoever unless upon
Mustring days except there be reasonable occasion to make an
Alarum and that every one upon the Sight of any Indians in
any Suspicious manner without delay use the best means he
may to make an Alarum by the dischargeing of three Gunns
as near one after another as he May, And that every house-
keeper upon the hearing of an Alarum Answer it by Shooting p. 160
off 3 Gunns. And that every housekeeper inhabiting in St
Michael hundred between S° Inigo’s Creek and Trinity Creek
imediatly upon the knowledge hereof carry his women and
Children’ as are belonging to his family unto St Inigo’s ffort
there to abide for one Month from the date hereof, unless
liberty be Sooner given to the Contrary And I doe hereby
Command, and authorise the Sherriff of this County to take
charge and Command of all the persons able to bear arms
within the division aforesaid, and to appoint 6. able men to
keep Guard in the Said ffort day and night during the time
aforesaid—And I require all the persons able to bear arms
within the limitts aforesaid to be obedient and assistant unto
the Said Sherriff in the Execution of his St Charge as they will
answer the Contrary at their perill. And T doe further appoint
el
Liber F. and Command that the housekeepers of the other part of S'
Michael’s hundred from Trinity Creek Southward doe carry
their women and Children unto the house of Thomas Steer-
man, and that Lieutenant Thomas Baldridge take charge of the
S* Southern part and keep Guard in like manner as is afore
appointed for St Inego’s, and further that the housekeepers of
St George’s hundred, doe carry their women and Children to
the house of M' Weston, Such house as Shall be thought most
defensible by George Pye Tate Burgess of that hundred and
that Said George Pye take charge and Command of the Said
hundred of all the men able to bear arms within the Said
hundred and appoint and keep Guard in like manner as is
afore appointed for St Michael’s hundred and that all Several
persons of the S‘ Several hundreds able to bear arms be obe-
dient and assistant unto the Said Several persons respectively
appointed to take Charge and Command thereof as aforesaid
as they will Answ* the Contrary at their perill and of all the
Several Commands af? I doe hereby require every one to take
p. 161 notice Soe far as it may or Shall concern them upon the Severest
pains as by Martial Law may be inflicted upon the Contemners
of an Ordinance Soe much importing to the Common Safety,
Given at St Maries this 28" August 1642.
108 Proceedings of the Council of Maryland, 1636-1647.
Memorandum. That Such part of the foregoeing
Ordinance under which black lines are drawn Signifies
that the Same words are Struck out in the Orriginal
Record book.
Lie ER eee ee Cecilius Lord and Propriet® of the
P- 30 ae Province and countries of Maryland
ylan
and Avalon in the parts of America, Lord Baron of Baltemore
«c. To all and singular persons to whom these puts shall
come, Greeting. Know ye that we for divers speciall consid-
eraons vs therevnto moving, have revoked and determined,
and by these pnts doe declare that we doe hereby revoke
and absolutely determine all former Commissions heretofore
granted vnto our deare brother Leonard Calvert Esq or to any
other person whatsoever, for or concerning the govermt' of ot
said Province of Maryland, and all power & authority by vs
thereby granted vnto him or to any other of ot Councell or
to any other person or persons whatsoever in & by the said
Commissions or any of them. And we doe hereby likewise
discharge all & every pson & ‘psons whatsoever from our
Councell, and to be of ot Councell within the said Province
of Maryland, w™ heretofore have beene of ot Councell there.
Nevertheles considering & well knowing that the people
Proceedings of the Council of Maryland, 1636-1 647. 100
there cannot subsist and continue in peace & safety with-
out some good goverm! to be ordeined and established as
well for the cherishing of the vertuous and orderly, as for the
punishm‘ of the lewd and disorderly persons there; and calling
to mind the faithfull and laudable services done by o* said deare
brother Leonard Calvert Esq, as well in the adventure of his
person in the first discent & settling of-o' Colony within o*
said Province of Maryland as in the ordering & advancing of
the same by his personall residence within the same of’ said
Province, wherein he hath manifested to the satisfaction of o*
selfe and of our colony there, such wisedome, fidelity, industry
& other vertues as render him capable & worthy of the trust
hereby by vs intended to be reposed in him; have nominated
constituted ordeined authorised established & by these pits
doe nominate ordeine constitute authorise & establish the said
Leonard Calvert in the absence of vs and ot heires o° Lieutent
Grall, Admirall, cheife Captaine & Comander aswell by sea as
by land of o* said Province of Maryland & the Ilands to the
same belonging. And we doe by these pits grant vnto him
the cheife comandm' & absolute authority above & in all mat-
ters of warfare by sea and land, to exequute & administer the
same to the resistance of the enemies, or suppression of muti-
nies & insolencies, as o* said Lieut" shall think most commo-
dious for the preservation of o' said Province, and to doe all
such things as doe belong or apperteine to the office of a
Generall, Admirall, cheife Captaine & Comander in as large &
ample manner to all intents & purposes as we our selfe might
doe if we were psonally pnt by force or vertue of the lrés
Patents to vs granted by ot Soveraigne Lord King Charles
vnder the great Seale of England bearing date at westm’ the
20'" day of June in the 8" yeare of his Ma‘® reigne.. To have
hold exequute & administer the same with such & as ample
power and authority as we if we were there psonally pit
might doe or exequute the same by force or vertue of the lrés
Pattents aforesaid, vntill we shall signifie o* pleasure to the
contrary.
And we doe hereby further ordeine & command all such as
shalbe hereafter sworne of our Counsell within o' said Province
of Maryland, all Captaines Officers and souldiers aswell by
sea as by land whom it doth or may concerne, all o* officers
receivors bailiffs Marshalls & all other inhabitants of o* said
Province of Maryland of what quality & condition soever. That
they & every of them doe acknowledge the said Leonard
Calvert in the quality of Lieut' Grall Admirall cheife Captaine
& Comander over all o' foresaid Province of Maryland and
the Ilands & members of the same, and doe honour respect &
obey him as they ought to doe vpon paine of such punishmt to
Liber P. R.
Liber P. R.
Pp. 31
110 6Proceedings of the Council of Maryland, 1636-1647.
be inflicted vpon them & every of them as such a highe con-
tempt as the disobedience & neglect thereof shall deserve.
And to the end that no man shall pretend ignorance we doe
command this o' Commission & ordinance to be proclaymed &
published within o* said Province at the places accustomed to
proclayme & publish any our Edicts & Ordinances comand-
ing him ot said Lieut' to proceed with rigor against all con-
temners & neglecters of the same in such strict & severe
manner as we o' selfe might doe by force & vertue of the said
lres Pattents if we were there psonally pnt and that without
favour & connivence. ;
And we doe further by these pnts make constitute ordeine
& establish the said Leonard Calvert to be ot Chancell' Cheife
Justice and cheife Magistrate within o' said Province vntill we
or o‘ heires shall signifie the contrary vnder ot hand & seale;
and we doe hereby give him power from time to time to
appoint & constitute officers & Ministers for the admtraon and
exequution of iustice, and for doing & exequuting of all other
things whatsoever w“ belong to the establishing and goverm'
of a good & happy commonwealth within o' said Province.
And we doe further by these pits grant vnto him oft said
Lieutt Chancell', Cheife Justice and cheife Magistrate full &
absolute power & authority when & as often as he shall think
fitt to call & summon one or more generall assemblie or
assemblies of the freemen of ot said Province or their deputies
at such place or places within o' said Province as he shall think
fitt, for the consulting preparing & enacting of wholesome
Lawes and Ordinances for the goverm! & well ordering of the
said Province & people within the same To w™ purpose we
doe hereby grant full power & authority vnto o° said Lieut'
Grall Chancell' cheife Justice & cheife Magistrate from time to
time in every grall assembly to be summoned by him in the
said Province of Maryland in ot name steed and place to give
assent & consent vnto all such lawes & ordinances as he ot
said Lieut* grall Chancell* cheife Justice & cheife magistrate
shall think fitt & necessary for the good govermt of the said
Province of Maryland, and w shalbe consented vnto & ap-
proved of by the ffreemen of the said Province or the maior
part of them or their deputies to be assembled by him the said
Lieut‘ Grall chancell’ cheife Justice & cheife Magistrate there
from time to time for the enacting of Lawes within that Province.
Provided that the said Lawes so to be assented vnto by him
o* said Lieuten‘ Grall cheife Justice & cheife Magistrate there
in o' name be as neare as conveniently may be agreeable &
not contrary to the Lawes of England. Every w* Law so to
be assented vnto by him o* said Lieutent Grall Chancell' cheife
Justice & cheife Magistrate there in our name & consented
Proceedings of the Council of Maryland, 1636-1647. 111
vnto & approved of by the ffreemen or their deputies or the
maior part of them as aforesaid we doe hereby declare shalbe
in force within the said Province till wee or our heires shall
signifie our or their dissassent thervnto vnder o* or their hand
and seale & no longer, vnlesse after the transmission therof
vnto vs or o* heires & due consideration had therevpon we or
o* heires shall think fitt to confirme the same vnder ot or their
hand and seale.
And we doe by these pnts grant full power & authority vnto
o* said Lieutent to adiorn prorogue or dissolve all & every
such assembly and assemblies by him heretofore called or here-
after to be called at his pleasure.
And forasmuch as the calling of a grall Assembly of the said
ffreemen and the consulting about & enacting of Lawes will
require long time & much consultation, and many times sodaine
& other necessary occasions may happen or fall out w* require
a speedy remedie, we doe therefore hereby grant vnto him of
said Lieutent full power & authority from time to time to make
constitute ordeine & publish in o name such reasonable &
profitable edicts & proclamations within o* said Province of
Maryland with reasonable paines & penalties therin to be ex-
pressed to be duely inflicted on all offendors agst the same as
he o* said Lieutent in his discretion shall think fitt: and as by
the lres Pattents above mentioned is and are warranted. Pro-
vided that such penalties doe not extend to the taking away
the rights or interest of any person or ‘psons of or in their life
members freehold goods or chattells: nor be repugnant or con-
trary but agreeable as neare as may be to the Lawes established
within the Realme of England, and to the Lawes & ordinances
established or to be established within o° said Province of Mary-
land. All w™ edicts & Proclamations shall stand in force onely
and vntill we or o° heires shall signifie the contrary vnder o* or
their hand and seale to him o' said Lieuten' and the people
there, or that he o' said Lieutent shall in his discretion think
fitt to repeale the same, or that the same be repealed in a grall
Assembly of the said ffreemen or their deputies to be called &
assembled as aforesaid with the consent of o* said Lieutent
And further we doe hereby grant full power & authority
vnto him o' said Lieuten' to appoint from time to time fitt places
for publique Ports for lading shipping & vnlading & discharging
of all goods & merchandise to be imported or exported out of
o* said Province; and to appoint officers & Ministers in the
same places and ports; & also to erect & establish convenient
places for the holding & keeping of ffaires & marketts, and to
establish marketts and ffaires to be there held vpon [certaine]
daies for that purpose to be by him appointed.
Liber P. R.
And we doe further by these pnts grant full power & p. 32
Liber P. R.
112 Proceedings of the Council of Maryland, 1636-1647.
authority vnto him our said Lieuten' (if he see cause) to pardon
and remitt in part or in the whole all paines forfeitures or
penalties w* any person or persons within ot said Province
shall incurre for any crime misdemeanor or offence against any
the Lawes Ordinances or orders whatsoever made or to be
made for the good goverm! of o* said Province and to grant
Pardons for all & every such delinquents in o* name vnder ot
great Seale of o* said Province, so as such pardon or pardons
extend not to the pardoning of highe-Treason.
And further we doe by these pnts (committ the custody &
keeping of o* great Seale of o' said Province vnto him o* said
Lieutent And we doe hereby further grant vnto him of said
Lieuten' power & authority for vs & in o' name to passe &
grant vnder the same o' great Seale, all writts and processes,
all Commissions aswell for authorising such :pson and -psons to
be of o* Counsell there as we shall from time to time appoint
by warrant or direction vnder our hand & seale, as for the
exequution of iustice, and for dividing & bounding of Lands,
all pardons licences and all other publique acts & deeds what-
soever w™ shall at any time passe within o' said Province
And we doe further hereby grant full power & authority
vnto him o* said Lieutent for vs & in o' name to passe & grant
vnder o* said great Seale to such person & ‘psons, such pro-
portions & quantities of land within o* said Province for such
estate & interest and with such priviledges & immunities as
we have since the sixteenth day of october 1640. or from time
to time shall give him o' said Lieutent warrant for vnder our
hand and seale. All w™ grants so to be made or passed after
the same grants, and the said warrants vnder o‘ hand & seale
for the passing thereof shalbe inrolled by our Secretary of the
said Province for the time being, & not afore: we doe hereby
declare shalbe effectuall in Law ags' vs, & shall bind vs & ot
heires as firmely as if livery & seisin had beene given and
exequuted thervpon.
And because we hold it fitt that some persons should be
sworne of o* Counsell within o' said Province, for the better
assistance of him o' said Lieutent in the exequution of the
premises, and of the charge by vs committed vnto him, we doe
hereby authorise and require o' said Lieutent to administer the
ordinary oath of a Counsell* every such person & -psons w*
shall hereafter be admitted of o' Counsell within of said
Province of Maryland before such person & psons to be
admitted to be of o' said Counsell, w whom o? said Lieutent
shall from time to time advise as he shall see cause vpon all
occasions concerning the good goverm' of of said Province of
Maryland and of the people there.
And we doe hereby further grant full power & authority
Proceedings of the Counctl of Maryland, 1636-1647. 113
vnto him o' said Lieutent to enquire heare determine and Liber P. R.
finally to iudge of & vpon all causes criminall whatsoever of
what nature kind quality degree or condition soever the same
shalbe, w may happen or arise within o' said Province of
Maryland as fully and absolutely as we o° selfe might doe by
force or vertue of the Ires Pattents aforesaid if we were
‘psonally present to give sentence or iudgem‘ of in or vpon
the same (excepting only where the life or members of any
person shall or may be inquired of or determined) And to
award exequution vpon every such sentence or iudgemt and
also to heare & determine all civill causes actions suits &
demands both in law & equity of or concerning any goods,
chattells contracts debts demands or other personall or mixt
action or actions suit or suits whatsoever (excepting where the
ffreehold of any ‘pson or ‘psons shall come in question) in the
most summary & equall way that he may according to the
orders lawes & statutes of that o" said Province of Maryland
already made & established or hereafter to be made or estab-
lished, and in default of such lawe established or to be estab-
lished within the said Province of Maryland, then according to
the Lawes & Statutes of the Realme of England as neere as
he can or may iudge or determine thereof.
And where the life member or freehold of any -pson or
‘psons shall happen to come in question within o' said Pro-
vince of Maryland, we doe hereby grant vnto him oft said
Lieutent and vnto such persons as we shall from time to time
by Commission vnder the great Seale of o* said Province
nominate & appoint to be of o' Counsell within the said Pro-
vince of Maryland, or vnto any three of them (whereof ot said
Lieuten‘ to be alwaies one) full power & authority to inquire
heare and determine thereof according to the Lawes of ot said
Province of Maryland established or to be established, and in
default of such Lawes there established or to be established,
according to the Lawes of England as neare as they can iudge
thereof, and to award exequution accordingly.
And lastly whereas o* said Lieutent may happen to die or be
absent for some time out of o' said Province of maryland,
before we can have notice to depute any other in his place, we
doe therefore hereby grant vnto him o* said Lieutent full power
& authority from time to time in such cases to nominate elect
& appoint such an able person inhabiting & residing within of
said Province of Maryland as he in his discretion shall make
choice of & think fitt to be o* Lieuten' Grall Chancell‘ Admirall
cheife Captaine Magistrate & Comander aswell by sea as by
land of of said Province of Maryland and of the Ilands to the
same belonging, and in as large & ample manner as we have
by these pnts authorised him o* said Lieuten' to governe for
p-
85
Liber P. R.
114 Proceedings of the Council of Maryland, 1636-1647.
the pat. And in case o' said Lieutent shall happen to die
or be absent out of o' said Province of Maryland, and shall
faile to make choice of nominate & appoint some person to
be o° Lieuten' grall, Admirall Chancell‘ and cheife Captaine
Magistrate and Comander of o* said Province of Maryland as
well by sea as by land, we doe hereby grant vnto o* Counsellors
there for the time being or the greater part of them full power
& authority from time to time in every such case to nominate
elect & appoint such an able person w™ shall then be of ot
Counsell there and inhabiting & residing within o' said Province
of Maryland as they or the greater part of them shall make
choice of and think fitt to be o' Lieutent Grall, Chancell' Admi-
rall, cheife Captaine Magistrate & Comander aswell by Sea as
by land of o° said Province of Maryland and of the Ilands
to the same belonging. Which person so to be chosen &
appointed in any of the cases aforesaid we doe hereby declare
shalbe o* Lieuten' Grall Chancell* Admirall cheife Captaine &
Comander of o* said Province of Maryland during the absence of
o* said brother or vntill we or our heires shall signifie o* pleasure
to the contrary. To w Lieuten' Grall Chancell* Admirall cheife
Captaine Magistrate & Comander so to be elected nomi-
nated and appointed as aforesaid we doe hereby grant the
like power & authority in all causes & things, as wee have by
these pnts given & granted vnto o* said brother hereby
comanding o* Counsellors Captaines souldiers Officers & Min-
isters for the time being, and the people of o* said Province
of Maryland and all others whom it may concerne to be
obedient vnto him in all things matters & causes as we have
in & by these pits commanded them to be obedient vnto o*
said brother o* pnt Lieuten' Grall Chancellt Admirall cheife
magistrate Captaine & Comander, vpon paine of such punish-
ment to be inflicted vpon them & every of them as such a
highe contempt shall deserve Given vnder ot great Seale of
o* said Province of Maryland at o' ffort of St Maries within ot
said Province on the fourth day of September anno diii 1642.
the same fourth of Septemb was the said Commission pub-
lished at the ffort at S. Maries.
Gommicacnorhe Cecilius Lord and Propriet’ of the Provinces
Counce of Maryland and Avalon in the parts of America,
Lord Baron of Baltemore &c. To our deare brother Leonard
Calvert Esq. o* Lieutent Grall of ot said Province of Maryland,
and to our trusty & welbeloved Colonell ffrancis Trafford Esq
Thomas Cornwalleis Esq John Lewger Esq William Blount Esq
and John Langford Esq greeting. Know ye that we reposing
especiall trust & confidence in yo" wisedomes diligence & ex-
perience have assigned & appointed you iointly & every of you
Proceedings of the Councel of Maryland, 1636-1647. 115
severally to be of o° privie Councell within o* said Province of Liber P. R.
Maryland.
And we doe hereby give vnto you & every of you full
power and authority from time to time & at all times vntill we
shall determine or otherwise revoke this present Commission
to assemble & meete together with o* Lieuten' Grall of our
said Province for the time being when & where he shall from
time to time direct & appoint to treate consult deliberate and
advise of all matters causes and things w shalbe discovered
vnto you or be brought before you as well concerning the quiet
goverm' and regulating the people there, as for the good & p. 34
safety of o' said Province of Maryland; and for the better &
more peaceable goverm! of o' said Province of Maryland we
doe hereby assigne & appoint you & every of you vntill we
shall revoke or determine this pnt Commission, to be of Justice
& Justices Commissioner and Commissioners for conservation
of the peace within o* said Province of Maryland; and doe
hereby grant vnto you & every of you (in case any breach of
Peace shall happen within your or any or either of your view,
or in case you shalbe informed of any breach of the peace, full
power & authority to arrest or call before you by yo" warrant
to be directed to the Sheriffs Constables or other Officers of
Counties townes villages & other places within o* said Province
of Maryland all & every the offendor & offendors ags* o* peace,
and if you see cause to bind over the offendor or offendors with
a good surety or sureties to appeare before o* Lieutent Grall
and the Counsell there to answere the same, & in the meane
time to keepe the peace or be of the good behaviour as the
case shall require. And in default of such suretie or sureties
to be by such offendor or offendors tendred vnto you, to committ
the offendor or offendors to the common goale or next prison
within the said Province as to you shall seeme fitt, there to
remaine vntill they shall find good suretie or sureties as afore-
said, or vntill he or she or they shalbe delivered by o* Lieutent
Grall or the Counsell of o* said Province of Maryland, or the
greater part of them wherof o* Lieuten' Grall for the time
being to be one.
And we doe hereby further grant vnto you & every of you
full power & authority to attach arrest or by your warrants to
cause to be arrested and attached and to bring to due punishm*
all offendor & offendors in weights & measures all forestallers
of marketts regrators ingrossers extortioners riotters & other
offendors ags‘ the publique wellfare & peace of o* said Province
of Maryland
And we doe hereby command all o* Sheriffs Officers and
Ministers whatsoever that they & every of them be obedient
vnto you our said Counsellors and Commissioners & every of
116 Proceedings of the Council of Maryland, 16 36-1647.
Liber P.R. you in all things as becometh. Given vnder the great Seale of
o* said Province of Maryland at ot ffort of St Maries within ot
said Province on the fifth day of September anno dai 1642.
Commission of Secretary. Cecilius Lord & Propriet* of the
Provinces and Counties of Maryland and Avalon in the parts
of America Lord Baron of Baltemore &c. To all and singular
persons to whom these ‘pnts shall come Greeting. Know ye
that we having had long experience of the abilities & industry ©
of of trusty and welbeloved Counsell" John Lewger Esq in per-
forming vnto vs good & faithfull service in o* said Province of
Maryland, & reposing especiall trust in his wisedome diligence
& experience have constituted appointed & ordeined and by
these pnts doe constitute appoint and ordeine him the said
John Lewger to be our Secretary of o' said Province of Mary-
land, and also Judge of all Causes Testamentary & Matrimoniall
within our said Province.
And we doe by these pitts appoint constitute & ordeine the
said John Lewger aswell to be of principall officer & keeper of
the acts & proceedings of vs and of of Lieutent Grall and
Counsell there for the time being, and of and for the entring
& recording of all grants by vs or our heires to be made of any
lands or offices within o said Province of Maryland, and for
the entring & recording of all other matters acts and things w%
by any instructions lawes or ordinances made or given or to be
made or given for or concerning o* said Province of Maryland
shall or ought by the appointm! of vs and o* heires or by the
appointm' of o* Lieutent Grall or other cheife govern’ there for
the time being or otherwise to be entred as recorded, as also
of Collector & Receivor of all our rents revenues and customes
& ofall amerciaments tolls profitts & dueties whatsoever already
due or payable & that shall hereafter from time to time be due
or payable vnto vs within our said Province,
p35 To have and to hold exequute & enioy the said office &
offices vnto the said John Lewger during o* pleasure.
And we doe hereby promise & grant signifie & declare that
all and every acquittance or other discharge vnder the hand
and seale of the said John Lewger shalbe to all and every the
people there within o' said Province a sufficient discharge for
such rents customes profitts & other dueties w% shall from time
to time be paid vnto him the said John Lewger for our vse,
Given vnder o* great Seale of o' said Province of Maryland at
o* ffort of St maries within o' said Province, on the fifth day of
September 1642.
p-17 Proclamation By the Lieutent Generall
These are to publish & declare that the Sesquihanowes,
Wicomeses, and Nantacoque Indians, are enemies of this Pro-
=:
Proceedings of the Council of Maryland, 1636-1647. 117
vince, and as such are to be reputed & proceeded against by Liber P. R.
all persons. Given at St Maries Sept 13'" 1642
Leonard Calvert
mherifi’s Patent Cecilius Lord & Proprietary of Maryland &c. p. 28
To all persons &c. Know ye that wee reposing especiall trust
in the faithfulnes & diligence of Edward Packer, doe hereby
constitute & appoint him to be our highe Sheriff of o" County
of St Maries. To have & to hold the said Office vnto him the
said Edward Packer, vntill the first of October 1643. And we
doe hereby require & command all psons whatsoever within
o' said County for the time being, to be aiding & assisting to
him in the performance of his said Office & to acknowledge
obey & respect him in the quality of Sheriff, as they will
answere the contrary at their perill, And we doe further
authorise him to appoint his bailiff or vndersheriff in every
hundred within the said County at his pleasure. Given at
S' Maries this fifteenth day of September 1642. Witnesse o*
deare brother Leonard Calvert Esq &c.
shcE arate on the sixteenth day of Septemb this Oath
following was administred to Edward Packer; viz [You shall
sweare that well & truely you will serve the Lord Proprietary
of this Province in the office of Sheriff, & doe the Lords profit
in all things that belongeth to you to doe by way of your office
as far forth as you may; you shall truely & rightfully treat the
people of your sherifwick, & doe right as well to poore as to
rich, in all that belongeth to your office; ye shall truely returne
and truely serve all writts & warrants lawfully directed to you,
to your cunning; and in all other things ye shall well & faith-
fully discharge the office of Sheriff committed vnto you, to
your skill & power. So helpe you God.]
Sheriffs Recognisance. § Edward Packer acknowledgeth himselfe to
owe vnto the Lord Proprietary three thousand weight of
tobacco, in case he shall not performe & exequute the office of
Sheriff truely faithfully & diligently both to the Lord Proprie-
tary, & to all the people according to his oath above taken.
Recognit coram me
John Lewger
eZ p. 29
see: ; ; Oct.
publication These are to give notice to all persons that have Cee
any accompt or demand to claime of the colony, for any goods,
hire, pay or other charge in or for the late expedition ags‘ the
Indians, that they give ina note of such their claime or demand
Liber P. R.
118 Proceedings of the Council of Maryland, 1636-1647.
to the Lieutenant Grall or Secretary afore the first day of
November next, when the accompt of that expedition are to
be made vp; whereof every one to take notice vpon perill of
losing their accompt or demand after that time
Cecilius &c. to all :psons to whom these pnts shall come
Greeting. Know ye that we doe hereby constitute & appoint
William Mackffening the bearer thereof, to be Sergeant of the
military band of the severall hundreds of St maries County, to
have vse and exequute the said office of Sergeant with all
rights powers & fees to such office vsually or by Law apptein-
ing during o pleasure. And we doe hereby require all per-
sons able to beare armes within the said hundred to obey &
respect him the said William in the quality & office aforesaid
in all things apperteining to their duty in that behalfe as they
will answere the contrary at their perill: and to come to be
trained & exercised by him at such places & times as he
shall reasonably appoint within the said severall hundreds.
Given at S' maries this 17'* Octob. 1642. witnesse o* deare
brother &c.
Se ee ee Cecilius &c. To of trusty Thomas
: Gerard and James Neale of St Clements
hundred gent, or to either of them greeting. whereas vpon yot
complaints formerly made to vs of divers spoiles committed
vpon yo' cattell by the Indians of yo" parts, we have demanded
satisfaction of some of the great men of those townes, and have
not obteined any as yet, and therefore have admonished them
to committ no more the like at the price of their lives that
should committ it, willing them to publish such our admonition
to the severall Indians of those townes, Since w“ time never-
thelesse divers the same & worse iniuries have beene & are
(as you complaine) daily committed vpon yot corne & cattell:
We reposing especiall confidence in yo" discreet managing
hereof, doe hereby warrant & authorise you at any time or
times as you shall meet with any Indians killing yo" cattell, or
otherwise trespassing vpon you in any your lands holden by
grant from vs, to demand of them satisfaction for the iniuries
received from them or any of their nation, and in default of
such satisfaction, to pillage them of what you may within your
said lands, and to vse any other force to chastice them & putt
them off your lands as you shall think fitt to deterre them from
attempting the like againe. And if any of them shall resist or
proffer any violence against you in the exequution hereof, to
the endangering of the persons of yo" selves or any of your
company assisting you herein then to vse any further force or
violence as you shall think fitt for the repelling of the force &
Proceedings of the Council of Maryland, 1636-1647. 119
yo" owne safeties, yea althoughe it be to the killing any of them Liber P. R.
if it shalbe necessary. Given at St Maries this 29'* Octob 1642
witnesse o* deare brother &c.
1642
ee demandants to the colony, for accompt of p. 47
ac ista all sins
inne pay or other charges to the expedition
begun on the 21" Septemb last & finished
on 13° Octob following
t. tob
will macffenin Sergeant, demandeth for his pay as officer 0200
John Genalles for pay 0075
John Scoffin for pay 0075
John Stubborne for pay 0075
Thomas holmes for pay 0075
daniel duffill for pay 0075
Thomas Jackson for pay 0075
Thomas ffranclin for pay 0075
Tho: baldridge, for pay for his serv' alex: banum 0075
Alexius Pulton for surgeons pay O150
william, durford for 4 oares pressed O100
John Prettiman for pay 0075
henry bishop, for 1 months pay ©0100
for hire of his boat 1. month O100
John hallowes for hire of his boat 1. month O100
for 1.man pressed to supply will Macfenin’s
absence 0075
Edward Parker sheriff, for pressing 20. :psons 0200
daniel Clocker for pay 0075
Marshall at Th. Hebden’s for his paines in killing an oxe 0010
Capt: Cornwaleys (p atturnat Cutb' ffennick)
for 10! powder 200!
106! bulletts & lead 212 +0487
for pay of Jo. holderne O75
John Lewger: for 426! beefe; at 2'% is 1065 )
for 5. pecks salt 0040 |
for 2. bb*"*'5 pease at 60 0120
for 1. hhd to pack meate 0020
for 1.case to putt shott &c. oo16
for 1. bb™! corne O100
for 3! powder 0160 w'" cask
for 1. bushel salt more 0030 L 3300
for 2. axes 0024 (
for pay of Tho: Speak 0075
for hire of catch, men &
victuals at Kent, 2-daies > o150 |
at 75 p da:
for I. oxe at Kent; zestim-
ated 600" at 2'% i oe
J
Liber P. R.
P- 5
wm
120 Proceedings of the Council of Maryland, 1636-1647.
demandants since the 1% novemb.
william hardige for pay 0075
barnaby Jackson for pay of his serv' 0075
John Lewger for frait of 2. of the sick soldiers
from Kent 0060
for cask for 3300! tob: at 10. :p cent 0330
St Maries 25'" november 1642.
An Assessm' made by the Lieutent Grall & Counsell
for the levying of 1210! tob, allowed to John Hollis &
Henry Hooper by order of the house of Assembly 13"
Septemb last, vpon the severall -psons, & according to
the proportions following. vix
St Maries County — 806!
m‘' Lewger 030! thomas franclin
m* Blount O50 John hatch
m’ Langford 030 John thomson
Capt Cornwaleys 200 John medley
m'* Tranton 030 John Robinson carp*
m'** white 020 philip west
m’s Brent 005 Robert Tutty
m* Gerard 030 John Cook
m* neale 020 Ellis beach
m* weston 050 John Gye
m’ Binx O10 william wright
mt’ ffennick 020 richard banks
Tho. baldridge 020 rob' sedgrave
m* wiseman 002 thomas hebden
Nathan: Pope 020 Edward hall
nicolas Cossin 020 thomas orly
John hollies 005 Edward Parker
John hollis carp* 005 william thomson
John thatcher 005 william browne
John price 005 rob‘ smith
nicolas hervey O10 walter waterlin
thomas petit 005 John hull
thomas sterman 005 John rutlige
thomas yewell 005 will: marshall
steven thomas 005 roger oliver
henry James 005 Jo: Langford carp*
george pye 005 Jo: marlburgh
randol Revel 005 Jo. warren
walter Beane O10 rob! dixon
peter draper 005 Jo: brisquett
James Johnson 005 thomas thomas
i. pe , y
signed ;
Proceedings of the Council of Maryland, 1636-1647. 121
John Nunne 005 arthur le hay 02
. Rob‘ Kedger 005 henry bishop 02
henry Lee 005 Simon demibiel 02
John Ormsby 005 walter Cottrel 02
Edward Cottam 005 John harwood 02
Edward Simson 005 will: durford 02
william Broughe 005 henry brooks 02
Daniel Clocker 005 francis Gray 02
806
1642 Vpon Kent County — 4o4!
November
vacat ista taxatio
p aliam infra
mt Giles Brent 100 francis brooks 04 philip Conner 4
Leiutent vaughan o1o thomas butler 4 John phillipps 4
mt Luddington oro thomas Games 4 william berry 4
m* Thomson oro william Smith 4 rob short 4
John Abbott o1o william wildy 4 derrick geritson 4
John Gresham o10 william Lant 4 Edward tomson 4
nicolas browne o1o thomas Stent 4 Edward Comins 4
Edmond perry o1o thomas Allen 4 thomas dyar 4
John Bennett o10 James Cloughton 4 william porter 4
william Cox o10 andrew basha 4 ralph pettiman 4
John Smith o1o robert Lake 4 . walter weeks 4
John marwood 004 John walker 4 henry morgan 4
John Peare 004 richard hobin 4 richard purlevant 4
John Tomson 004 John russell 4 henry ffouch 4
Robt philpott 004 william Jackson 4 giles basha 4
richard pinner 004 george crouch 4 John palmer 4
Thomas arnold 004 thomas hales 4 william Naufone 4
walter smith 004 roger baxter 4 Hoell morgan 4
francis rabnett 004 devoreux godwin 4 thomas parker 4
John powell 004 robert short 4 willia risbrook 4
mathew Rodan 004 _ henry East 4
404
Leonard Calvert
John Lewger
William Blount
Jo: Langford.
The Accompt of John Lewger Esq. of his disbursements by
him made or vndertaken for the late expedition; for the
levying whereof he prayeth an assessm‘ vpon the colony.
Impr for 2-bushells & 1-peck of salt at 40
It. for 2 bushells of pease at 60
It for 1 barrell of corne
It for 8! of powder at 20
It for a case w" lock & key to putt shott in
t tob. w" cask
0090
O120
O100
O160
OO16
Liber P. R.
p. 56
P- 59
Liber P. R,
p- 60 I 642
122 Proceedings of the Council of Maryland, 1636-1647.
It for 2 axes 0024.
It for 426! beefe, at 2!14 —p } 1065
It for 1 oxe at Kent estimated at 5° w' 1250
It for a hogshead to pack the meat in 0020
It for hire of a catch, mens wages & victuals being \
i t OI50
vnder presse 2 daies at 75! :p day
It. for passage of 2 souldiers from Kent that were t oe
left behind
3955
It for cask for this at 10. :p cent 0305
It paid m* william brainthwait for Captaine’s pay 0400
It paid will mack ffenin for sergeants pay 0200
It to Alexius Pulton for surgeons pay OI50
It to henry bishop for souldiers pay 1 month O100
names 13 Souldiers
Jo: Genallis
Jo: Scoffin
Jo: Stubborne
Tho: holmes to ditto for boathire p31. month — o100
dan: duffill It to sheriff for pressing 20 souldiers 0200
Tho: speak It to 13 souldiers for pay 3 weeks
Tho: Jackson at 75 0975
Tho: franclin
Alexand' Comins 5485
Jac: preteman
dan: clocker
will. hardige
James tt
It for allowance for collecting this at 10. :p cent; is 0548
totall 6033
John Lewger
This Accompt is admitted
Leonard Calvert
Will Blount
Jo: Langford
An Assessmt of the Province by the Leiutent
December — Grall & Counsell, for the levying of six thousand
w' of tob to the vse of the Accompt aforesaid ;
vpon the persons, & according to the proportions
followin ee
Proceedings of the Council of Maryland, 1636-1647.
Assessed vpon the County of St Maries
m’ Lewger Esq
Capt. Blount Esq
m’ Langford Esq
CaptTho.Cornwaleys Esq80o
m*'s Ma: Trantow widd
ms francess white
m‘s margaret Brent
m' Greene
m' Binx
m' Gerard
m' Neale
m* weston
m' ffennick
thom. baldridge
nathan: Pope
nicolas Cossin
nicolas hervy
walter beane
Jo: Ormsby
Edward simson
daniel clocker
John Tomson
John medly
John robinson carp’
Robt Tutty
John Cook
Ellis beach
John Gyr
william wright
richard banks
rob' Sedgrave
tho. franclin
Edward hall
thomas orly
Edward packer
will. thomson
will: Browne
rob' smith
walter waterlin
John hull
viz vpon
170 John hollis
350 John hollis carp*
220 John price
david whitcliff
150 thomas petit
100 tho: Sterman
040 tho: yewell
040 Steven thomas
060 henry James
150 George Pye
100 randol Revell
350 peter draper
120 James Johnson
120 John Nunne
L260 robt Kedger
120 henry Lee
050 Edward Cottam
040 william broughe
020 John hatch
020
020
20 John rutlige
20 will. marshall
20 roger oliver
20 John Langford carp:
20 Jo: marlburgh
20 Jo. warren
20 rob‘ dixon
20 John brisquett
20 thomas thomas
20 arthur le hay
20 henry bishop
20 Simon demibiel
20 walter Cottrell
08 John harwood
08 tho. hebden
08 franc Gray
08 Jo. harrinton
08 thomas davis
08
Assessed vpon the County of Kent
vacat ista taxatio :p aliam infra p. 66 viz vpon
m* Giles brent
Lieutent vaughan
500
050
francis brooks
tho: butler
128
4000! Liber P. R.
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
20
O
WWW MAWDNDNDDADADDNDWDMOHOMHM OC
2000
20
Liber P. R.
p. 66.
124 Proceedings of the Council of Maryland, 1636-1647.
m’ Luddington 050 tho. Games 20
m' Thomson 050 william smith 20
Jo. Abbott 050 william wildy 20
Jo. gresham 050 william Lant 20
nich: browne 050 thomas Stent 20
Edmond perry O50 thomas Allen 20
Jo. bennett 050 James Cloughton 20
will: Cox O50 andrew basha 20
Jo: Smith 050 rob! Lake 20
John phillipps 020 william berry 20
robt short 020 derick geritson 20
Edward thomson 020 devoreux godwin 20
robt Short 020 william risbrook 20
philip Conner 20 thomas dyar 20
Edward Comins 20 william porter 20
ralph pettiman 20 walter weeks 20
John marwood 20 John walker 20
henry morgan 20 John peare 20
rich: hobin 20 rich: purlivant 20
John tomson 20 John Russell 20
henry ffouch 20 robt philpott 20
william Jackson 20 giles basha 20
richard pinner _ 20 george crouch 20
Jo. palmer 20 thomas arnold 20
tho: hales 20 william Naufome 20
walter smith 20 roger baxter 20
hoell morgan 20 franc rabnett 20
thomas parker 20 John powell 20
mathew rodan 20
Leonard Calvert
Will: Blount
Jo: Langford.
[Commission to Brent and others.]
1642
december 16" Cecilius &c. To of trusty & beloved &c.
vt infra. greeting We relying much vpon yot prudent circum-
spection doe hereby appoint & authorise you the said Giles
Brent to be Comander of o* Ile & County of Kent, to be cheife
Captaine in all matters of warfare by sea and land and as such
to have & vse all power necessary or conducing to the resist-
ance of the enemy or suppression of mutinies or insolencies as
any cheife Captaine hath or may have and vse by the law of
armes. And to be cheife Judge in all matters civill & criminall
hapning within the said Iland not extending to life or member
ee
Proceedings of the Council of Maryland, 1636-1647. 125
or freehold. And we doe further hereby appoint & authorise Liber P. R.
you the said william Luddington, richard Thomson, & Rob‘
vaughan gentt to be Commissioners within o* said [land to all
powers & effects as to Commissioners of a County by the Law
of the province doe or shall belong. And we require all :psons
for the time being within the said Iland that immediately after
the publishing hereof they doe acknowledge obey & respect
you the said Giles Brent william Luddinton Rich. Thomson &
Robt vaughan & every of you respectively in the quality of
Comder & Commiss"™ as aforesaid, as they will answere the
contrary hereof at their pill. Given at S‘ maries &c.
An Assessmt made by the Lieutent Grall & Counsell for p. 6
levying of 2000! tob to the accompt of the last expedition by
vertue of the Act in that behalfe, and of 400! tob to the
accompt of John Hollis and henry hooper, by vertue of an
order of the house of Assembly, to be levied vpon the County
of Kent, after the rates following viz
Mor Brent 220 John marwood 22
Leiut vaughan O44 nicolas browne 22
m’ Luddington 066 roger baxter 22
m' Thomson — 176 hoell morgan “BR
m* Cox 044 thomas allen 22
Giles basha 044 John palmer 22
tho: philpott 022 John powell 22
walter smith 022 Edmond perry 22
tho. Stent 022 rob‘ Stent 22
will. wildy 022 will. Smith 22
will. Launt 022 ralph pettiman 22
william berry 022 John phillipps 22
derrick geritzon 022 robt short 22
tho. dyar 022 franc brooks 22
rich. smith 022 Jo. Smith A4
rob' huett an O22 henry bellamy 22
Ja. Clouton, & Amdr \ 088 Jo. Abbott 66
basha John peare 22
tho: Keyne 22 Jo: gresham 44
franc rabnett 22 tho: arnold 22
william Naufome 22 tho. halves a2
william porter 22 John walker 22
rich. pinner 22 hughe fouche 22
devoreux godwin 22 rob' philpott 22
richard hobin 22 George Crouch 22
henry morgan 22 tho: Johnson 22
tho. butler 22 tho. Games 22
Ja. Johnson 22 tho. bradnock . .
Liber P. R.
p. 68
126 Proceedings of the Council of Maryland, 1636-1647.
nic. polhamton 22 philip Conner 22
John Russell 22 thomas tidd "m2
Edw. thomson 22 Edw. Comins ge
will. risbrook 22 John hill 22
Jo. metcalfe 22 mathew rodan 22
Jo. bennett 44 walter weeks 22
will. Jackson 22 tho. parker 22
rich. purlivant 22
signed
L. Calvert
John Lewger
Jo: Langford.
ore A Commission to nicolas Cossin & company to pursue
& take any runawayes & bring them afore Gov‘ & to vse all
necessary force for taking them in case any of them resist.
Proclamaon. Eod: whereas I am determined by all possible
care & diligence to provide that the colony be putt in safety,
not only from all danger of the Indians, but from feare of any
I have thought fitt to publish & declare hereby, that I intend
instantly to dispatch messengers to the neighboring Indians,
to forewarne them of coming among or neare the English, till
further order be taken therin; & to charge them not to come
on this side the neck betweene the back river of Patuxent and
the maine river towards nicolas herveye’s, neither by land or
water, vpon perill of their life that shall adventure further, or
without the said bounds, either by land or water, and if there
shalbe any occasion of message or treaty wt* me, to send w®
the messenger or messengers a flagg or fane of white fustian —
w'" his Lo’ armes in wax ensealed thereon, to be visibly carried
or borne by such messengers or an English man in their
company. ‘Therefore I doe hereby authorise all or any the
English of this colony to shoote or kell any Indian or Indians
in any the parts about patuxent river that shalbe seene or mett
either vpon the land or water, without the said bound after
sixe daies after the date hereof: except such Indian or Indians
or some of them as have or beare visibly such white flag or fane
aforesaid or with an Englishman in their company, or shall
without resistance yeild themselves to the English vpon demand
And vpon the coming of any such Indian messengers; to bring
him or them to me without delay.
Given at S' maries 17. January.
By the Leiutent Grall.
20. whereas I vnderstand of divers iealousies & feares abroad
in the colony, touching the Indians and the expectation of a
Proceedings of the Council of Maryland, 1636-1 647. 127
great charge & hindrance this yeare, either in making a march Liber P. R.
vpon them, or in guarding against them, to the disanimation
of the people, and foreslowing of their vsuall diligence & alac-
rity in proceeding in their labours for the next cropp. ffor
remedie wherof, & to lett them see what consideration is had
Proclamation never Of their safety, & of easing them of all things
published. = that may be of burthen or hindrance to them,
I have thought fitt to publish & declare hereby that all possible
diligence is & shalbe vsed to furnish the country with ammuni-
tion, & that the charge of whatsoever expeditions vpon the
Indians or out-guards for securing of the frontiers, to the
end the planters may attend their labours in as great security
as ever heretofore, shalbe vndertaken & defrayed, by his
Lo? & such other psons as shalbe able or willing to con-
tribute therevnto, without putting the country to any further
charge or trouble then the prsons of the souldiers to make
the march, or the outguards withall, and that the march shalbe
so laid (if any be) as that it shalbe no hindrance consid-
erable, to their crop that shall goe vpon it. In the meane
time all men are required hereby to take care of having their
guns fixed, & all other things ready, vpon any sodaine warning
to make a march, or otherwise be disposed of for the service
& safety of the country.
Commission. Cecilius &c: to o* trusty Robt vaughan, and
Richard Thomson gentt Commiss’s of o* Ile and County of
Kent, greeting, we doe hereby authorise you or any one of you
(in cause wherin the other is a partie) to hold one County Court
at such time & place within yo" said County as you shall think
fitt, and the same Court to continue (if there shalbe cause for
2. daies; and in the said Court to heare & determine all matters
& causes whatsoever, in the same manner & withall the same
power as if the Comander of the County were psonally present,
or as if it were an ordinary Court day appointed by the Law.
Given at St Maries this 20" January 1642. Witnesse o' deare
brother
1642 P- 73
January
Commission Grall to Cecilius Lord &c. to our trusty
Capt. Cornwal: Thomas Cornwaleys Esq, greeting, We
relying much vpon your knowen prudence & experience in
martiall affaires, have made choice of you, and doe hereby
appoint and authorise you to have and vse all necessary &
sufficient power for the levying and mustering of souldiers
within this Province, and for the making with them an ex-
pedition vpon any the declared enemies of the Province, or
Tiber Paks
128 Proceedings of the Council of Maryland, 1636-1647.
any their aiders or confederates, and doing, appointing, pro-
viding managing & commanding the said expedition, & all
persons & things therevnto belonging, and all power & authority
to have, vse, & exercise, for, in, and during the said expedition,
as amply & fully to all effects & constructions, as any Captaine
Generall of an army may have, vse, or exercise by the Law of
warre. Given at St maries this 23'" January 1642. witnesse
o* deare &c.
Proclamation touching
the march &c. By the Leiuten‘ Grall.
whereas I vnderstand of divers iealousies and feares abroad
in the colony touching the Indians, and the expectation of a
great charge & hindrance this yeare either in making a march
vpon them, or in guard against them, to the disanimation of
the people, and foreslowing their vsuall diligence & alacrity in
proceeding in their labours for the next cropp, ffor remedie
wherof and to assure them of what consideration is had of
their safeties & ease, I thought fitt to publish & declare hereby
that all possible diligence is & shalbe vsed for the furnishing
the country with ammunition, and that (as soone as conveni-
ently may be) there shalbe an expedition sett forth against the
Indian enemies of this Province, at the sole charge of his Lo?
(excepting the psons of the souldiers to make the expedition
withall, for whose service only the country shalbe charged) and
that Capt. Cornwaleys Esq is appointed & hath vndertaken to
goe as Generall of the said expedition, to whom I have given all
purchase that shalbe made vpon the enemy during the said expe-
dition, to be by him disposed of for the encouragem! of volun-
tiers, that will sett themselves forth & serve at their owne charge,
and for the reward of his souldiers as he shall find them to de-
serve. And further for the greater encouragem' and releife of
those that shall goe vpon this service, I will vse all circumspec-
tion that may be that the said expedition shalbe so made, and (by
God’s helpe) performed, that it shalbe no considerable hin-
drance to any ones cropp: and that the debts of those whose
pnt abilities will not reach to the satisfying of their credrs,
without greivous pressure and disabling them for their neces-
sary subsistence for the future, I will vse meanes with their
Credrs (if they be inhabitants of this Prov:) to forbeare vntill
the next yeare, w I have already assurance of from some of
the cheifest. Given at S‘ maries 23. Jan:
36 By the Lieutent Generall.
Proclamaon touching
Indians
whereas by a late proclamation dated the 17" of this instant
month, the English were authorised to kill any Indians in any
Proceedings of the Council of Maryland, 1636-1647. 129
the parts about Pautuxent river, that should be mett either
vpon the land or water on this side the neck betweene the
back river of Pautuxent and the maine river towards nicolas
herveyes with certaine exceptions therin mentioned, now I
doe hereby vpon some reason & Accidents since hapning
vtterly repeal & reverse the said proclamaon, and straitly pro-
hibite vpon paine of death that that no English within the
County of St maries or any other pt of the Prov: doe kill or
shoot any Indian whatsoever (other then such as he shall know
to be sesquihanowes or wicomeses) vnles first assaulted or putt
in bodily feare of his life by the Indian And whereas by one
other pclamaon dated the 13'" Sept: last the Nantacoque
Indians were declared to be enemies of the Province, I revoke
likewise hereby the said declaration, and doe publish & declare
that there is a treaty of peace betwixt me and them, and a
truce of 6. weeks agreed vpon for the finishing of the treaty,
and herevpon have taken them into his Lo” peace for the time
aforesaid. But for the better securing of all the English inhab-
itants of this Province from all harme that may happen vnto
them throughe the treachery & falsehood of any Indians I doe
straitly forbid all the said English to enterteine or harbour in
their houses any Indians whatsoever without speciall licence or
appointm! from me, & vpon any Indians refusall to depart
vpon necessary demand given, to expell them by violence, but
not to the killing them vnles they shall assault the life of the
English. Given at St maries this 26. of January 1642.
Liber P. R.
March 1. whereas I am informed that some inhabitants of p. 2
this colony are intended to goe over to the Easterne shore, in
trading vpon presumption of a truce &c. to phibite all going
over to any river of the Easterne shore without licence
By the Leiutent Grall
Eod: Whereas the Lord Proprietary is given to vnderstand
that divers Adventurors into this Prov. have a long time for-
borne to take grants from his Lo? of lands due to them by
conditions of plantation, or speciall warrant contrary to the true
intent & meaning of the said conditions, & warrants w‘" course
must needs in processe of time make such adventurors rights
& pretences to land very doubtfull; and his Lo? thereby also
receives great preiudice in his rents; It is his Lo’ pleasure that
all persons pretending any right vnto any lands within this
Province by vertue of any former Conditions of plantation, or
speciall warrant, shall within twelve monethes from & after the
date hereof, come & make appeare vnto me their right so pre-
p. 88
Liber P. R.
p- 91
P- 93
p- 94
130 Proceedings of the Council of Maryland, 1636-1647.
tended, & take out grants of the same, vpon paine of being
refused grants after the said time. And hereof I require all
persons whom it shall concerne, to take notice of it at their
perill.
Whereas by a Proclamation bearing date at St Maries the
23. January last vpon certaine hopes then presumed vpon of
meanes to gce a march vpon the Sesquihanowes I did declare
to the colony that there should be an expedition sett forth at
his Lo?’ charge, with other things therein conteined; w‘ meanes
being not yet found answerable to my hopes, I doe think fitt
to advise further of the intended expedition; & therefore doe
hereby anull & revoke the said pclamation, & the obligations
therin vndertaken on his Lo? behalfe; & all powers & Com-
missions therin given touching or concerning the said expedition
vntill | have further considered therevpon Given this 8. Aprill
By the Leiutent Grall.
Whereas I am determined to goe for England, I doe hereby
publish & declare to all inhabitants of this Province, that I have
noiaed appointed & elected m™Giles Brent Esq to be Leiuten'
Grall Chancell" Admirall cheife Captaine Magistrate & Com-
mander aswell by sea as by land, of this Province of maryland,
& of the Ilands to the same belonging, in as large & ample
manner as his Lo? by his Commission vnder the great Seale
bearing date at S' maries the 4'* day of September 1642. hath
authorised me for the pnt, during my intended absence, vntill
further order from his Lo? therin. Given at St maries this 11™
Aprill 1643.
Cecilius by o" Soveraigne Lo: K. Charles, Lord Proprietary
&c To all psons to whom these pitts shall come, greeting.
Know ye that we for divers good causes vs therevnto specially
moving, have exempted, & by these ‘pits doe exempt the ‘psons
of Nathaniel Pope and his meniall servants, being nine in
number, from all watches & wardings, & from all attendance
at musters & trainings, & from being called or commanded out
of or from his house to or vpon any leavie march or partie
without or ags' his will or consent. And we doe hereby will
& require all o' Captaines Comanders & officers whatsoever,
not to infringe or violate any the exemptions aforesaid at their
perill. Given at St Maries this 11: Aprill 1643. Witnesse ot
deare brother &c.
Proceedings of the Council of Maryland, 1636-1647. 131
[Oath of Deputy Lieutenant General.]
15. The Secretary administred the oath of Lieutent grall to
Giles Brent Esq, in these words. [you sweare that you wilbe
true & faithfull to the right ho* Cecilius Lord & Proprietary
of this Province of Maryland, and that you will defend & mein-
teine to the vttermost of yo" power, all his iust rights interests
royall iurisdiction and seigniory, in, to, and over the said Pro-
vince, and the Ilands thervnto belonging, and you will faithfully
serve him as his Leiutent of the said Province, & in all other
offices committed to yo" charge: you will doe zquall right &
iustice to the poore & to the rich within the said Province,
after yo" cunning, witt, & power, according to the lawes of the
said pvince, you shall delay or deny to no man right & iustice,
you shall not know of any attempt agst his Lo? right and
dominion in to and over the said Province & the people therin,
but you shall resist & oppose it to the vtmost of yo" power and
make the same knowen w'" convenient speed to his Lo? and
you shall in all things faithfully counsell & advise his Lo? ac-
cording to yo" heart & conscience. So helpe you God &c.]
Eod: James Neale had the oath of a Counsell* of State,
administred to him by the said Giles Brent, according to the
forme of a Bill drawen vp in Assembly 15. March 1638. En-
tituled [An Act for severall oathes &c.]
[Appointment of Councillors. ]
1643
Aprill 15. Cecilius Lord & Proprfiet" of the] Provinces of
Maryland and Avalon in the parts of America, Lord Baron of
Baltemore &c. To o' deare brother Leonard Calvert Esq o°
Leiutent of o said Province of maryland, and to o trusty and
welbeloved Colonell ffrancis Trafford Esq John Lewger Esq
william Blount Esq Giles Brent Esq, John Langford Esq and
- James Neale Esq greeting. Know ye that we reposing especiall
trust & confidence in yo' wisedomes diligence & experience,
have assigned & appointed you iointly & every of you severally
to be of o* Privie Counsell within o* said Province of maryland
&c. vt supra in Commission of Counsell; pag: 33. Given on
the ffeast of the Annunciaon of of B. Lady anno 1643
Cecilius &c. To of trusty Capt: Tho: Cornwaleys Esq, p.
greeting, we relying much vpon yo" knowen
rudence & experience in martiall affaires, doe
hereby appoint & authorise you, to make an expedition
ags' the sesquihanowes or other Indians as have committed
or aided the late outrages vpon the English, at such time &
vacat ista Commissio
Liber P, R.
P- 95
Liber P. R.
p- 96
132 Proceedings of the Council of Maryland, 1636-1647.
in such manner, as you shall think fitt, & to take out of every
County or hundred within the Province the third man able
to beare armes, such as you shall think fitt, to goe vpon the
said expedition & to require every or any County or hun-
dred to furnish the said men for such expedition w'? all
necessaries according to the Law in that behalfe, & to
have the said men so ready furnished at such randevous & at
such time as you shall appoint; & the men so leavied, & all
other voluntiers to command as Captaine, & with them a war
to make vpon the Indians aforesaid in such manner & with all
such powers & authorities whatsoever for the doing command-
ing or appointing of any thing, toward, for, or in the said Ex-
pedition & concerning the same, over all :psons or goods within
the Province, or for the vanquishing or spoiling of the enemy,
or any other thing touching the said warre, to have vse &
exercise the same, in as ample: manner power & effect to all
intents and constructions, as may be had vsed or exercised in
time of war by any Captaine Generall of an Army; by the law
or vse of warre. And we require all Officers, Souldiers, &
other :psons whatsoever within o" said Province to obey &
respect you the said Tho. Cornwaleys in the nature & quality
of Captaine Generall of the said Expedition, for & during the
said Expedition, vpon paine of all such punishm* as by martiall
Law may be inflicted. Given vnder o' great Seale at S‘ maries
this 17" Aprill 1643. witnesse Giles Brent Esq o* Leiutt Grall
of of said Province.
Eod m' Giles Brent appointed a Commission vnder the great
Seale to be issued to Capt Cornwaleys to be Comander of the
County of St Maries for all military affaires.
Giles Brent
To Leiutt Thomas Baldridge of St michaels hundred.
These are to will & require you to repaire to every house .
within your hundred & by the oath of the housekeeper or others
whom you shall think fitt (w* I hereby give you authority to
administer) to inquire what number of psons be in every house
able to beare armes, what gonnes fixed or vnfixed, what swords,
or other weapons, what quantity of powder & shott & of what
sort of shott, and to take the depoon of every one in writing
w' his or her hand or mark thervnto, & to return all such
depositions vnto me or m* Secretary without any delay. And
this to doe forthwith after the receipt hereof And hereof not to
faile by the duety you owe to the commands of me your
Leiutent grall, & vpon pill of contempt.
Giles Brent
eee
Proceedings of the Council of Maryland, 1636-1647. 133
Cecilius &c. to o' trusty Capt Tho: Cornwaleys Esq greeting, Liber P. R.
whereas we are informed of your propensenes to goe a march
vpon the Sesquihanowes; and that severall voluntiers to a
consederable number are willing & desirous to be ledd out by
you vpon such a march, vpon certaine conditions treated &
agreed betweene you & them, we approving very well of such
your & their forwardnes for the vindication of the honor of
God, & the xtian & the English name vpon those barbarous
& inhumane pagans, doe hereby authorise you to levie all such
men as shalbe willing to goe vpon the said march, & to lead &
conduct them agst the Sesquihanowe or Indian enemies of the
province in such time & manner as you shall think fitt, & to
doe all other things requisite for the training of the souldiers
punishing of insolencies & other offences ags' martiall enemies,
vanquishing the enemies, and disposing of the spoiles, & all
other things & matters whatsoever to the said expedition
ap/pteining, in all the same & as ample manner & power to all
intents & purposes as any Captaine Generall of an Army may
doe by the Law of warre.
m’ Brent Kod.
m* Lewg" It is ordered that vpkin Powell, who prose-
quuted on behalfe of Capt henry ffleet should take into his
custody the psons of Morgan Jones, Randoll Herbert and teag-
collett, & should carry them afore some Magistrate in virginea,
there to answere to the allegaons of Capt henry ffleet in point
of service.
1643
Aprill 18. m James Neale is hereby desired & authorised
to take a view of all the severall armes & ammunition in every
house within St Clements hundred, & to inquire by oath of all
men within the hundred as he shall think fitt, what quantities
of powder & shott is in each severall house, & to returne the
number of sons in every house able to beare armes, & the
number & quantity of gonnes fixed or vnfixed the store of
powder & shott, & the sorts of the shott; and the number of
swords. and this to doe with all the convenient speed he may,
& to presse for the publique vse to the quantity of 10! powder,
where he sees it may be spared by this view
Giles Brent
John Lewger
the Leiutt grall & Counsell having taken into consideration the
difficulties & almost impossibilities of making a march vpon
the Indians at this pnt, vpon debate of what is fit to be done
P- 97
Liber P. R.
134 Proceedings of the Council of Maryland, 1636-1647.
for the safety of the colony in steed thereof, have thought fitt
& appointed that there shalbe a company raised of ten choice
shott w'* boat :pvisions ammunition armes & all things neces-
sary to seat & fortifie vpon palmers Iland, vnder such com-
mand, & according to such Instruccons & order as shalbe
appointed by the Leiut' grall is intreated to agree w* the said
souldiers touching their pay & all other conditions during their
abiding there in garrison, & to take vp all things necessary
for the arming or providing them, at the colonies charge. And
these things are thought necessary to be proveded for them.
vix 30' powder 100! shott. 20 bb" corne. 1. wherry or shallop
2. iron potts. 1. pestle. swords. or halfe pikes. & necessary
nailes to build them a house.
Giles Brent
John Lewger
James Neale.
24 Cecilius &c. to of trusty Tho. Cornwaleys Esq We rely-
ing much vpon yo" knowledge & experience in martial affaires
doe hereby appoint & authorise you to have the charge &
command of & in all matters of warfare by sea & by land
within the County of St Maries; to have vse & exercise the same
to the training & mustring levying or pressing of souldiers,
& the suppression of insolencies & mutinies, & the resistance
& vanquishing of any enemy & in all other things as shall
conduce in yo" discretion to the safety of the people in as
ample & large manner to all powers & effects as a Captaine
grall of an army may or ought to doe by the law of warre.
witnesse Geles brent &c.
[Letter to the Governor of the New Netherlands. ]
Sir
Some servants being lately fledd out of this colony, into
yours, as is supposed, we could not but promise o' selves from
you that iustice & faire correspondence betweene the two gover-
ments so neerly bordring & w are shortly like to be nearer
neighbors in delaware bay, as to hope that vpon the receiving
of these o* Irés & the demand of the ties interessted you will
remand to vs all such apprentice servants as are or shall run
out of this goverm' in to yours; and will compell such other
‘psons, as shall flie to you without a passe, being indebted or
otherwise obnoxious to the iustice of this place, to make such
Satisfaction to the parties endamaged by their vnlawfull depar-
ture, vpon their complaint & proofe therof as you shall find
iustice to require. And you may promise yo" selfe the like
helpe & concurrence from this govermt in that or any other
Proceedings of the Council of Maryland, 1636-1647. 135
thing as shalbe in the power of it; And so we bid you heartily Liber P. RK.
farewell & rest
To the ho" the Governor of
the new netherlands.
[Ratification of Commission of Giles Brent.]
1643 p. 110
published Whereas my deare brother Leonard Calvert Esq,
decemb 23 ypon his departure out of the Province of mary-
land in Aprill 1643. did by vertue of a Commission from me
dated 18. novemb 1641. constitute Giles Brent Esq to be my
Lieuten‘ Grall of my Province of maryland during the absence
of him the said Leonard Calvert out of the Province, or vnitill
I or my heires should signify o* pleasures to the contrary.
These are to signifie & declare that I doe well approve of my
said brothers act therin, and in confidence of the fidelity &
discretion of him the said Giles Brent I doe hereby ratifie &
confirme the said Giles Brent to be my Lieuten' Grall of the
said Province, & to exequute all other powers within the said
Province (except hereafter excepted) w were granted to my
brother in the Commission above mentioned, during my said
brothers absence out of the said Province or vntill I or my
heires shall signifie mine or their pleasure to the contrary,
vnder mine or their hand & seale. Provided neverthelesse &
I doe hereby declare that I will not that the said Giles Brent
shall assent in my name to any lawes hereafter to be enacted
in any Generall Assembly to be held within the said Province,
notwithstanding any thing conteined in the Commission above
mentioned dated 18. novemb. 1641. or in any other Commission
whatsoever, without further authority to be hereafter obteined
for that purpose vnder mine or mine heires hand & seale. And
in case any Lawes have been assented vnto by him the said
Giles Brent in my name in any Generall Assembly w® hath
been held within the said Province since my said brothers de-
parture from thence (viz since the first of Aprill last 1643)
I doe hereby declare my disassent to all & every such law or
lawes w™ have beene assented vnto or enacted within the said
Province in my name by the said Giles Brent And because
I intend by the grace of God to come in person my selfe into
the said Province at or before January next after the date
hereof, I thought fitt also for divers reasons to suspend the
granting of any more lands within that Province till my arrivall
there, when I shall take order to grant to every one their due
who have any iust right or claime from me of any lands within
that Province. And therefore I doe hereby also restraine &
revoke that power of granting of any lands in my name by him
Liber P. R.
p. 111
136 Proceedings of the Council of Maryland, 1636-1647.
the said Giles Brent vnder my great Seale for the said Province:
and doe hereby require him the said Giles Brent not to grant
any accordingly without further order therin vnder mine or my
heires hand & seale, any thing conteined in the Commission
above mentioned dated the 18. novemb 1641. or in any other
commission whatsoever to the contrary in any wise notwith-
standing. And whereas my said brother together w" my
Secretary & Survayor grall there, did lately purchase (as I am
informed) in my name & to my vse, the chappell of St Maries,
and the other buildings & land belonging thervnto, for the dis-
charge of the price wherof my said brother together w my
Secretary & Surveyor did (as I am informed) signe to three
bills of exchange directed vnto me, all to one & the same effect
for the paym' of two hundred pounds sterling in England to
Capt Tho: Cornwaleys or his assignes (whose name it seemes
was thought fitt to be vsed in that busines, althoughe the said
purchase was not made from him) the w® bills by reason of
some mistakes in that busines I have thought fitt not to accept,
whervpon (as I vnderstand) one or more of them are protested
according to the vsuall manner in such cases; And whereas
also (as I am informed) two other bills of exchange signed by
the said Capt Tho. Cornwaleys & directed to one mt Thomas
Gerard, & m' Edward Harris, or to one or both of them, for
the payment the one of thirty pounds sterling, & the other of
ten pounds sterling to my said brother, w™ bills are also (as I
am informed) not accepted but protested also in the same
manner as the other above mentioned; whervpon some direc-
tions may phaps respectively be sent thether to recover a satis-
faction of all the said bills to the respective pretenders thervnto,
together w'" costs & damages: But because for divers reasons
true & right iustice cannot be done therin without some advises
& testimonies from hence, w% cannot yet be had; Therefore
I thought fitt, & doe hereby restraine the power of the said
Giles Brent or any other -pson by authority derived from him,
to grant processe, or take cognisance of any suit or complaint
whatsoever concerning all or any of the afore said bills of ex-
change, or to give or pronounce any iudgmt therin, any thing
conteined within the above mentioned or any other Commission
to the contrary in any wise notwithstanding: but to suspend
any proceedings therin till my arrivall there, when I shall not
faile to doe vnto every ‘pson equall right & iustice therin.
And doe therefore hereby require the said Giles Brent & all
others whom it may concerne to obey my order herein, as they
will answere the contrary at their vtmost perills. And I doe
hereby require the said Giles Brent and my Secretary there,
or one of them, to cause this my declaraon with all convenient
speed after their or either of their receipt hereof to be recorded
Proceedings of the Council of Maryland, 1636-1647. 137
& published at the vsuall places of publishing orders within Liber P. R.
the said Province for the goverm' there. Given vnder my hand
& seale the fourteenth day of July 1643.
C: Baltemore.
To Giles Brent Esq my Lieutent
Grall of my Prov: of Maryland, & to
my Secretary, & the rest of my Counsell
there, & to every of them.
Eod. Commission of Generall to Capt Cornwaleys to have & p. 105
vse all necessary & sufficient power for the making of an
expedition ags' the sesquihanowes or any their aiders & con-
federates at such time & in such manner as you shall think
fitt, & to levie souldiers & all other meanes neary for the said
expedition by way of presse according to the Law; & to have
vse & exercise all power & authority for in & during the said
expedition as amply & fully to all intents & construccdns as
any Captaine grall of an army may have vse or exercise by
the Law or custome of warre.
Eod:
Commiss: Capt Cauther. Cecilius &c. To o' trusty Capt:
Ja: Cauther &c. wheras the East: shore Indians not yet satis-
faction for outrages &c. but ready newe ones if not p'vented
&c. authorise you w'® such company as you may to goe out
vpon said Ind: or aid: confeder: as shalbe found in any suspi-
cious manner vpon any pt S. mar. neck vp to head Pautux. R.
& them to expell or vanquish & putt to death, & their armes
or goods to pillage, & therof to dispose at yo' discretion; & to
pursue them to East: Shore, or thether to goe to meet &
prvent them if you may from coming out vpon Engl: & to
pillage or destroy them or any other misch: doe vnto them by
law war, vntill shall obteine o* peace. require all souldiers that
shall goe out w'" you obedient vnto you in all pas vnto Capt:
as shall befit according discipline martiall, at pills witnesse
GB.
Eod. Edward Parker was sworne Sheriff of St Maries County, p. 107
forma qua Supr: p. 28. the Gov’ appointed a Commission of
Sheriffs office to be given him forma Eod qua supr vntill the
1*t of Novemb next.
An Assessmt of 4000" tob vpon the County of St Maries,
for the defraying of certaine charges for the necessary
defence of the province this last summer ags' the assault
of the sesquihanowes; made by the Leiutt grall & Coun-
sell (by vertue of the Act of last Assembly) vpon the
severall sons after the rates following; viz
Liber P. R,
Pp. 154
138 Proceedings of the Council of Maryland, 1636-1647.
m' Tho. Weston 1000! Andrew Munro 50
m’s ffrances White 200 Steven Sammon 50
m’ Tho. Greene 100 Jo. Medly 50
m’ Gill 100 tho: Petit 50
m’* Peter drap 150 Jo: Warren 50
m' Jo. harrinton 040 Gererd fford 35
p* estate of Robt Glov" Jo. Guy 35
deceased 100 Jo. tomson 35
walt’ beane 100 Jo. Rutlige 35
rich: hervey 100 will. marshall 35
will. durford 100 Jo. Nume 35
Jo. Cook 100 rich: banks 35
Jo. Langford 100 will: wright 35
Jo: hatch 100 Jo. ormsby 35
tho: bushell 100 tho. fursden 35
will. broughe 100 will. thomson 35
thomas thomas 35 Jo. marlburgh 35
rob. kedger 35 rich. wellin 35
m* whale 35 tho. Jackson 35
will. harrinton 35 Jo. wortly as
barn. Jackson 35 Jo. mansell a5
rich. Garnett sen‘ 35 rob. Edwards 35
henry bishop 35 rob! dixon ae
walt’ Cottrell 35 Julian w'" hebden aS
francis van Eynde 35 will: Asiter 35
Steven gray 35 Ellis beach ae
charles Maynard 35 Giles Basha 35
tho. todd 35
tho: White 35
francis Pope 35
Giles Brent
John Lewger
James Neale
[Appointment of T. Gerard as Councillor. ]
To Giles Brent Esq my Leiutent
grall of my :pvince of Maryland./.
m* Brent
whereas I have received good testimony from my brother Leon-
ard Calvert of the good affection & fidelity of Thomas Gerard of
St Clements hundred in the Province of Maryland gent toward
me & my service in the said Province, and that he hath
deserved very well of me in his diligent endeavors for the
advancem' & prosperity of my colony there, wherein he hath
had occasion to expresse also more then ordinary abilities of
Proceedings of the Council of Maryland, 1636-1647. 139
vnderstanding, such as may make him capable and vsefull in Liber P. RB.
advising with vpon the most important affaires of that place. I
have therefore thought fitt (by my said brothers advise) and I
doe hereby nominate & appoint the said Thomas Gerard to be
one of my Counsell within the said Province. And I doe
hereby authorise will and require you forthwith vpon the
receipt hereof, to sweare the said Thomas Gerard one of my
Counsell there, according to the vsuall manner; and that he
have all such advantages priviledges & preeminences allowed
vnto him as others of my Counsell there by vertue of that
dignity doe or of right ought to enioy ffor doing whereof this
shalbe yo" warrant. Given vnder my hand & seale at armes
at Bristoll the 17" novemb 1643 C. Baltemore
To Giles Brent Esq my Lieutent
Generall of my -pvince of Maryland./.
[Powers to Giles Brent.] P. 153
locus + sigilli M* Brent
whereas not long since when I did conceive that my brother
Leonard Calvert would have dispatched his affaires here so as
he might have returned into Maryland againe this yeare, I did
for divers reasons by a dispatch which I then sent vnto you
restraine yo" power of assenting vnto any Lawes in my name,
& of granting any lands from me in that Province, I have now
vpon confidence of your integrity & fidelity to me thought fitt
& I doe hereby give you full power & authority to assent from
time to time in my name to any Law w™ at any grall Assembly
of the ffreemen of that Province shalbe thought fitt by you to
be enacted there, in as ample maner as my said brother had
power from me to doe the same while he was Leiutent Generall
there & no otherwise that is to say, & my true meaning is
hereby to give you power to make every such law so to be
assented to by you in my name to be in force within the said
Province till I or my heires shall signifie our or their dissassent
therevnto vnder o' or their hands & seales or otherwise within
the said Province & no longer. And I doe also give you the
same power & authority during yo" goverm' there vnder me, p. 154
or vntill I or my heires shall signifie our or their pleasure to
the contrary, to grant lands from time to time in my name
within the said Province vnder my great Seale there vnto any
Adventurors or planters there & vpon the same termes &
conditions as my said brother had power from me to doe at
the time of his transmitting & intrusting of the govermt of that
Province vnto you for all w® this shalbe yo" sufficient war-
rant. Given vnder my hand & seale at armes at Bristoll the
eighteenth day of Novemb anno dni 1643
C. Baltemore.
ES ee ee
140 Proceedings of the Council of Maryland, 1636-1647.
[ Commission to Brent and others. ]
Liber P. R. locus 4 sigilli. Cecilius &c. To all &c. Know ye that
P- "59 whereas heretofore I have made severall authorities & directed
one or more Commissions to severall psons in Maryland for
the well ordering & disposall from time to time of my stock or
stocks of neate & other cattell, & of all other my goods &
chattells there, & also of all rents fines confiscaOns or escheats,
tribute or other gifts from the Indians, customes or Subsidies
granted to me by any grall Assembly, & all other pfits &
emoluments belonging to me within the said Prov. of Mary-
land; & for the better managing cleering letting such farme
or farmes Mannor or Mannors or other lands sett out &
designed there for my spticular vse, according to such direc-
tions & instruccons as I should from time to time send thether
for the purposes above mentioned, And whereas some of the
aforesaid psons are since depted out of the said Prov:, where-
by I may receive much preiudice in the neglect of that service;
wherefore I have thought fitt out of the confidence I have of
the integrity fidelity & good affection towards me of my trusty
& welbeloved Giles Brent Esq my Leiutent gen: of the said
Prov. of maryl: John Lewger Esq my Secretary, James Neale
and Thomas Gerard Esqes all of my Counsell there, and
william brainthwait gent, to constitute, and I doe hereby con-
stitute ordeine & appoint them the said Giles Brent John
Lewger James Neale Thomas Gerard and william Brainthwait
to be Commiss" for my Treary within the said Prov: And I
doe hereby authorise them or any two of them (whereof the
said Giles Brent to be alwaies one) to take care of, receive, &
dispose from time to time of all & every such things as are
above mentioned belonging to me within the said Prov: to my
best advantage according to such directions & instruccons as
the said Commiss’ shall from time to time receive from me, &
in default therof, according to their best discretions. And to
appoint from time to time, change, alter, or remove any such
officers to receive my rents & other profitts above mentioned
there, as also to look to my stock of neat cattell; & for the
better exequution of all other the said p'mises, & to allow such
salary & wages to be paid to them out of the profits above
mentioned or sale yearly of some of my said neat cattell, as
they or any two of them (wherof the said G. B. to be alwaies
one) shall from time to time think fitt. And I doe hereby
ratifie & confirme what the said Commiss" or any two of them
(wherof the said G.B to be one) shall from time to time law-
fully doe in any of the premises as much as if I my selfe had
beene pnt & had done the same, willing & requiring the said
Commiss® & every of them that they or two of them at the
Proceedings of the Council of Maryland, 1636-1647. 141
least (wherof the said G.B to be one) doe send vnto me a iust Liber P. R.
and true accompt yearly of all such things above mentioned as
are or shall from time to time become due vnto me within the
said Prov: & of their ceedings in the same signed w' their
hands. And I doe hereby revoke all former authorities or
Commissions w“ I have heretofore made or sent thether con-
cerning the premises or any part therof so far forth as they or
any of them doe concerne the premises only or any part therof
& no further: declaring hereby that I shall not make good
any contract or bargaine for the future concerning any of the
premises there, but what shalbe agreed vnto by my said
Commiss or two of them at least (wherof the said G. B. to
be alwaies one) which Revocation I doe require the said
Commiss* to notifie vnto the English inhabitants of the said
Province by causing this pnt writing to be published in the most
vsuall places of publishing things of the like nature within the
said Province, In witnes wherof I have herevnto sett my hand
& seale at armes. At Bristoll in the Realme of England the
18 day of novemb anno dni 1643.
C: Baltemore.
I 644 p- 160
Instruccons given by me Cecilius Lord Baltemore to
my Commiss’® for my Treary in maryland, dated the
18" day of novemb 1643.
1. vpon the receipt of these Instruccons I would have them
cause a true Inventory to be made as soone as conveniently
may be of all my cattell, w I would have from time to time
marked duely wt my marke, and of all other goods & chattells
whatsoever belonging to me within the said Prov. of maryland,
specifying therein in whose hands & in what places they are:
And likewise a true Rentall of all such rents as are payable vnto
me there. In both w" I require my Secretary there to direct
them. And that the Comm® cause true copies of the said
Inventory and Rentall to be sent (by the first opportunity) to
me signed with two of their hands at least (wherof the said
G. B. to be one.
2. That they continue those goods of mine w™ were (by my
directions) formerly putt into m‘ Gilmetts custody, still in his
hands as long as he staies in Maryland, or I give other direc-
tions concerning them. But I would have the Commiss”® to
demand & keepe a note vnder m' Gilmetts hand of the pticu-
lars therof, acknowledging them to be in his custody
3. That all my carpenters & other apprentice servants there
be sold forthwith for my best advantage, w° I vnderstand will
yeild at least 2000" tob apiece althoughe they have but one
yeare to serve, especially if they be carpenters. for | vnder-
Liber P. R.
p- 161
142 Proceedings of the Council of Maryland, 1636-1647.
stand that 1500” of tob is an vsuall rate for the hire of one
yeares labour of any ordinary servant. And I conceive it
better to hire at a certainty such servants from yeare to yeare
as my Commiss’ shall find necessary to looke to my cattell,
provide sufficient fodder for them, & to manage my farme at
west S' maries; & to pay their hire yearly out of such revenues
& profitts as shall become due to me there, or in default
therof by the yearly sale of some of my stock there, then to
have servants apprentices there for that purpose, & to send
supplies yearly out of England to them.
4. That they allow vnto m‘ Giles Brent two steeres yearly
out of my stock of neat cattell for his owne expence in regard
of his care of them; and two steeres to m' Gilmet yearly for
his expence; and two more, together w" twenty barrells of
corne yearly (to be taken out of my quitt rents there) and the
vse of six milch kine to my Secretary there for his care &
paines in writing of the accompts yearly & in my other affaires
there: till I shall signify my pleasure to the contrary, my said
Secretary being at the charge of keeping of the said six kine,
& of rearing the calves that come of them till they be wean-
able, and then to deliver the said calves at my ferme at west
St maries to be putt into my other stock of neat cattell
Provided alwaies that the said Secretary make such provision
of fodder & housing for the said cowes & calves in his custody
for the winter as my said Commiss® shall find necessary for
them.
5. That they allow vnto my Leiuten' Grall m' Giles Brent for
his paines & care in the govermt there, the one halfe yearly of
all fines, confiscations, wrecks, Tribute from the Indians, Cus-
tomes or other gifts from the Generall Assemblies there, w
shall grow due vnto me during the time of his goverm! vnder
me there. But I would have all such things as are mentioned
in this article, to be intirely charged vpon their yearly accompts
to me, & the one halfe therof discharged againe vpon the said
acc® as being disposed of according to this my direction.
6. That they take care to cause such tobaccos to be satisfied
to my brother Leonard Calvert or his assignes as he or his
assignes shall have disbursed or ingaged themselves for my
vse there this last yeare, w“ in case it cannot be otherwise, I
would have done by sale of some of my neat cattell. But I
would have them know that I doe extreamely desire to have
my stock of neat cattell & sheepe to be preserved as much as
possibly may be, & that they should not be any way dimin-
ished, but when necessity doth absolutely require it. And I
would have the Commiss’ to be very carefull that when there
is a necessity of selling of any of my neat cattell, that it may
be done with the least preiudice that possibly may be to the
—e
Proceedings of the Council of Maryland, 1636-1647. 143
encrease & good of my said stock for in so doing they will Liber P. R.
doe me a very acceptable service, w% I shall acknowledge to
them in due time.
7. That they vse their best endeavors to discharge the bar-
gaine wc was made this yeare for m™ Coplies house at
S' maries by letting him have his house & land there againe
& a reasonable consideraon allowed vnto him for m* Gilmetts
time of being in it. w* I would have discharged out of some-
what of mine there: And I desire that in case m* Coply will
not be contented to lett the house to m* Gilmett till midsom*
w* shalbe anno di 1645 at some such reasonable rent as my
said Commiss"® or any two of them (wherof the said m’‘ G. B.
to be one) shall think fitt; and that m*Gilmetts and his fami-
lies diett cannot be provided & discharged out of my stock
and ferme at west S' maries without any notable preiudice to
the said stock, or out of some other profitts belonging to me
there (both w" I should be very gladd that my said Comm’
could effect for me, and I would willingly allow any reasonable
rent to be paid out of my estate there to m* Copley for the
said house for so long time, but not to be charged to pay any
thing there for it) then I desire my said Comm’ in that case to
take care that some other convenient place there be provided
for m' Gilmetts, & m' Teeritts residence & diett there to their
contentmt till the time above mentioned w the best accommo-
dation for them & least charge to me that may be. And I
would have them so contrive this busines (if possibly they
can) that m’ Gilmett & m" Terrett may by all meanes be con-
tinued in that Province till that time: when I doubt not (by the
grace of God) to be able to provide better for them then by
reason of the extremity of the present troubles in England I
could doe this yeare w I hope they will consider & have a
litle patience till then, And this article I doe againe & againe
recommend to my said Commiss" care to give me satisfaction
herein.
8. That these Instruccons be read to all the said Commiss’s
in due time & place to the end they may respectively take
notice of them. Given vnder my hand at Bristoll 138. novem:
LOLS.
C: Baltemore
a license granted to an Indian called Peter to carry a gonne p. 113
for the vse of John Lewger.
a license granted to an Indian called Capt Browns to carry
a gonne for the vse of James Neale Esq &c.
Liber P. R.
Pats
p- 114
p. 131
144 Proceedings of the Council of Maryland, 1636-1647.
By the Lieutent Grall
Proclamaon; gonnes
to Indians. Whereas I am informed by a great
complaint of divers, of the great number of gonnes, now in
the hands & vse of Indians, in & about this colony, w% is a
disorder tending to very ill consqnce if it be not in time re-
strained & reduced to some good order. I doe therefore hereby
in the Lo: Propr name straitly phibite all psons within this
colony of St Maries to lend or deliver vpon any pretence what-
soever, any gonne powder or shott to any Indian without a
licence first had & obteined from me to that purpose, vpon
paine of such fine & other censure according to the quality of
the :pson as the contempt shall deserve. And I doe hereby
require the sheriff of St Maries to warne 12-ffreemen of this
County to be at the Court on the first of ffebruary next to en-
quire of & present the names of all such as they shall know or
heare of to offend agst this ‘phibition
Given at St maries this 2° January 1643. *
Procl: export tobacc
By the Lieutent Grall.
Whereas by reason of the vnseasonablenes of this last past
yeare, small quantities of tob have been made within this colony,
whereby the ships bound hether out of England for supply of
the colony are like to want of their home-frait ffor :pvision for
their benefitt in that point in as far as the tobaccos of this
colonies growth will amount I have thought fitt & doe hereby
phibite all export of tob out of this Prov: after the publicaon
hereof in the severall Counties respectively, by or vpon any
other vessell or vessells whatsoever other then ship or ships
coming from England, vntill the said ship or ships be fully
fraited. And for better caution for due observance hereof |
doe hereby -phibite any pson to lay or take aboard any tob
vnder any p'tence whatsoever on any vessell (other then such
ship or ships as aforesaid, or such as shall belong to some in-
habitant of the country) till he or they have putt in security not
to offend to the contrary hereof. And hereof I require in his
L’* name all :psons to take notice whom it may concerne, vpon
paine of contempt. Given at St Maries this 8. January 1643
Cur. Province; apud S. John 3° febr 1643.
3 The Secretary read in Court the 17. article of his Lo”
Instruccons vnder his hand & seale; bearing date at London
20" october 1642 in hec verba
Proceedings of the Council of Maryland, 1636-1 O47. LAG
[And in case the number of the said Counsellors either by Liber P. R.
death absence or otherwise shall at any time happen to be
reduced to lesse then three (besides the said Lieut') his Lo?
doth in that case give power to his Lieut‘ to supply the number
by nominating one or two more such other able psons in the
said :pvince to be of his Lo’s Counsell and Conservator of the
peace there, as he the said Lieutt shall think fitt, whom his Lo?
declares (after they have taken the oathes of fidelity & of
Counsellors to his Lo? (w°® his Lo? requireth & authoriseth his
said Lieuten' to administer vnto them) shalbe & have all the
powers & preeminences of Counsellors and Conservators of
the Peace within that Province, till vpon notice given therof
given therof to his Lo? his pleasure be further knowen therin.
By vertue wherof the Lieutt Generall nominated Thomas
Gerard gent to be of his Lo’s Counsell & Conservator of the
peace within the Province, who took the oath of fidelity in these
words.
I doe faithfully & truly acknowledge the right hot Cecilius
Lo. baltemore to be true & absolute Lo: & Propriet" of the
Prov. & country of maryland & the Ilands thervnto belonging
and I doe sweare that I will beare faith vnto his Lo? & his
heires Lords & Proprietors of the said Prov: & will yeild willing
& true obedience to his Lo? & his said heires & to his & their
governm' in temporall affaires in & over the said Prov: & Ilands
thervnto belonging as to the true & absolute Lords & Proprietors
of the said Province & the Ilands thervnto belonging. And I p. 132
doe also sweare that I will at all times as occasion shall require
to the vtmost of my power defend & meinteine all such his
Los & his heires right interest priviledges royall iurisdiction
prerogatives and dominion over & in the said Prov: of mary]:
& Ilands thervnto belonging & over the people who are or
shalbe therin for the time being, as are granted or mentioned
to be granted to his Lo? & his said heires by the king or crowne
of Engl: in his Lo’s Pattent of the said Province vnder the great
seale of that kingdome. And I doe further sweare that I will
not either by my selfe or by any other -pson or psons directly
or indirectly take accept receive purchase or possesse to any
other vse or vses whatsoever then only to the vse of the said
Lord & Proprieto" and his heires & assignes any lands tenem's
or hereditaments in the said Prov. of maryl. or the Ilands ther-
vnto belonging from any Indian or Indians or any other :pson
or :psons not deriving a title thervnto from or vnder some grant
from the said Lord & Proprieto’ or his heires vnder his or their
great seale of the said Prov. for the time being. So helpe me
God.
And then he took the oath of a Counsello' in these words.
I doe sweare that whilst I am Counsellor of this Province,
Liber P. R.
p- 107
p- 151
Pp. 157
146 Proceedings of the Council of Maryland, 1636-1647.
the peace & welfare of the people I will ever procure as far as
I may, I will aid & assist the administring & exequution of
justice in all things to my power I will to my best skill give
good & faithfull Counsell to the Lord Proprietary of this Pro-
vince & to his Leiuten' Grall for the time being when thervnto
I shalbe called, & I will keepe secrett all such matters as are
delivered me as secretts, as becomes a Counsellor to doe; I will
administer equall iustice to all -psons according to the Lawes
of the Province to the best of my skill & power, when I shall
exercise any act of iudicature, & I will delay nor deny to no
man right or iustice, when it shall belong to me to doe it. So
helpe me God.
7. febr: 1643
Levie the sommes assessed supra, vpon any the lands goods
& chattells of the persons assessed, & deliver the same vnto
the Lieut Gener: & levie the fees of exequutin vpon all such as
shall refuse or delay after demand to pay the said assessm!
And this shalbe yo warrant.
ft:
To E. P. sheriff.
tvid. file Vpon t the petition of divers inhabitants in behalfe of
John dandy & delivered by him, the Leiut Gener exchanged
his sentence of death into service for 7. yeares to his Lo? & to
remaine exequutioner of all corporall corrections according to
the writts lawfully directed to him;
Commission of Capt of St Maries County
Cecilius &c. To william Brainthwait gent. committ vnto you
the Captainship & comand of St maries County in all military
matters, to have vse & exercise the same by land or water to
the levying & training of souldiers, suppressing & punishing
of insolencies & mutinies agst martiall discipline, the resistance
& vanquishing of enemies & in all other occasions of war in
as ample maner as a Captaine may & ought to doe by the
Law of warre. And we doe require all inhabitants to obey &
respect &c. Given 19" march 1643.
I doe hereby authorise the inhabitants vpon Pautuxent river
(being they are so far from other plantadns & so weakly
peopled & continually exposed thereby to danger & outrage
from the Indian aswell frend, as enemies by whom they
received an assault to their very neare cutting off one of their
plantaons the last yeare, besides the eminent losses they have
otherwise received) that vpon approach of any Indian whatso-
Proceedings of the Council of Maryland, 1636-1647. 147
ever vnto them in the woods their plantaons or houses they Liber P. R.
may (after having bide the said Indians depart & declared that
if they doe not depart they will shoot them, (in case the said
Indians depart not instantly) shoot them whatsoever Indians
they are, w bidding them depart I doe enioine the said inhabi-
tants vnto in case the Indians shalbe of o* frends vntill the
25" of May next; In w® time all the said Indian frends
shall have notice not to approach the said plantaons. And
after the said 25" of may I doe licence the said inhabitants to
shoot & kill any Indians coming about their woods plantaons
or dwelings without the foresaid warning given them. witnes
my hand.
Giles Brent
The same authority I doe give them against
any Indians vpon the water betweene the
back river of Patuxent & the mouth of
Patuxent river.
10 By vertue of the Commission to vs directed in that behalfe p. 157
from his Lo? we doe hereby appoint Capt. will. brainthwt &c.
to be Collector & Receivor of all his Lo?* rent Corne within
the County of St Maries, & vpon Receipt therof to give acquit-
tance in his Los name
Giles Brent
John Lewger
By vertue of his Lo’* Commission &c. we doe hereby appoint p. 157
Edward Parker sheriff to be Collector & Receivor of all his
Lo’s Rents (Rent-Corne excepted) revenues, ffines, fforfeitures,
& all other profitt, & pquisits whatsoever; & vpon receipt to
give acquittance & discharge in his Lo’* name & to have &
receive for his paines the tenth part in kind or value of all such
Receipts, for his paines and salary.
Giles Brent
John Lewger
Will. Brainthwait
[Letter of Protection to Indians. ]
1644
June 8. Cecilius &c. to all o' Counsell’* Justices, Comders & p. 167
officers, & to all inhabitants County S. Maries &c. we doe
hereby notifie, publish & declare vnto you that the bearer
hereof Peter mimascave, alias Nicoatucen, an Indian of
Patuxen & all other Indians of that towne & nation are within
o' ptection peace & amity, & to be treated & vsed w'® all
humanity as o frends & confederates vntill they shall give
Liber P. R.
p. 168°
148 Proceedings of the Council of Maryland, 1636-1647.
cause to the contrary. And therefore we doe hereby require
all & every of you vpon the vtmost pill that by Law may be
inflicted vpon the transgressers hereof, that you committ not
any hostile act or outrage vpon him the said Peter or any
other of his towne & nation, vnles it be such as shall putt you
in feare of yo" lives by repairing to any of yo" houses & plan-
tations, in numbers, lurking, or other suspicious manner, with-
out shewing or holding forth this or some other Instmt or
Passe vnder o* great Seale, but that you suffer him & them
quietly to passe & repasse to or from the houses of o* Leiutt
Generall & Counsell or any of them according to the full
entent & effect of this o' safe conduct Given 8" June 1644
witnesse Giles Brent &c.
[Commission to Henry Fleete.]
Cecilius &c. to Capt Henry ffleete gent greeting. Whereas
by certaine Intelligence from Pascatoway, I vnderstand that
there are some number of o' enemies the Sesquihanowes
expected about this time at Pascatoway, vnder colour to treate
& conclude a peace w'* them & vs, but perhaps to confederate
& vnite all the Indians of these pts in some generall league or
plott for the cutting off of the English: in maryland, as they
have most savagely attempted in virginea And because it con-
cernes much the honor & safety of the colony to have some
English there to be present at the treaty & other proceedings
to direct & overrule it if need be to countenance & strengthe o'
frends that yet remaine, & terrifie the others, & to proceed
w'" the Sesquihanow-Agents either in hostility or truce as
there shalbe most cause & reason for either; I relying much
vpon yo' skill in the Indian language, & long conversaon &
experience in the Indian affaires & yor prudence, & provident
circumspection otherwise; have made choice of you, & doe
hereby will & require you, all delayes & excuses sett apart, to
take vp w'" you a convenient strength of English well armed
& vided, to the number of twenty at the lest, & with them to
repair to Pascatoway, & there to proceed with the Indians
both frends & enemies, according to such Instruccdns as shalbe
delivered to you by my Secretary, bearing date herewith. And
(during your said voyage) to lead, order & comand in cheife
all the said company as shall goe along with you, by your
selfe, or officers by you to be appointed, in all points, & to all
effects, yea even to the inflicting of death (if necessity shall so
require) vpon mutinous or disobedient persons, as a Captaine
Generall may doe by the discipline or law Martiall. And I doe
hereby require all Inhabitants & other ‘psons of our said Pro-
vince & specially the company as shall goe along w' you, to
Proceedings of the Council of Maryland, 1636-1647. 149
respect, aid, & obey you (as there shalbe occasion) in the Liber P. R.
quality of such cheife Captaine & Comander as aforesaid,
vpon perill of the vtmost penalties as by martiall law may be
inflicted: Given at St Maries this 18" June 1644 witnesse
Giles Brent Esq &c.
Instructions to Capt Henry ffleete, to w* his Commission
bearing date herewith, relates.
I. you are to goe vp w' yo" company to pascatoway, and
there to consider by the best meanes you may, what hope there
is of a reall & firme peace or truce w the Sesquihanowes &
whether it wilbe more to the honor, safety, or advantage of the
English, to have war or truce w'? them at this present.
2 If you find the most & best reasons to perswade to peace,
you may enter into treaty of peace w' them, & vndertake to
them in our name a truce or cessaon of all acts of hostility on
our part vntill such time as you shall agree vpon for expectance
of pformance of conditions on their part, & of the Govern’
assent to a peace: & give such hostage or hostages in exchange,
as shalbe willing to goe w™ them, (if you shall find it convenient)
1644 p. 169
June 18. 3. The conditions to be demanded & stood vpon by
you (so much & so long as you shall think fitt) for this Ces-
sation, are to be
1. for hostage, or such other security as you shall
think best, that they shall not doe any act of hostility
vpon vs or our confederates (such as you shall think fitt
to include, wherin the Patowmecks not to be forgotten)
nor shall come within the territories of vs or o' confede-
rates (according to such bounds as you shall agree vpon)
during this Cessaon vnles it be 2. or 3. messengers
repairing hether for publique treaty, & carrying the safe-
Conduct vnder his Los Seale, w you may deliver to
them to that end. |
2. for satisfaction for their plundrings of m*’ Angud,
& of Mattapanian house twice wherin especially to re-
quire a returne of all the armes taken at those times, or
of other to that number.
3. for restoring as much as you can gett of the armes
& other goods lost or left in our last march vpon them,
at least the two feild peices.
4. for some present to the Govern’ or any other con-
ditions as you shall think fitt for the honor safety or
advantage of the colony or our confederates, & namely
the virgineans.
SE De ee
a Ps Mace
150 Proceedings of the Council of Maryland, 1636-1647.
Liber P.k. 4 The better to endeare our peace to them, you may insinuate
to them how the hostages of both sides will quickly become
Interpreters betweene vs & them & then or men wilbe willing
to come & live among them, & to aid them agst their enemies,
as now we doe the pascatowayes &c.
5 If you shall not think best to treate or truce w' them you
are to vse all lawfull & discreet meanes you can to pillage, or
take them, or (if it shall seeme best to kill them; and to break
off all league & treaty betweene them & our confederates; and
to terrifie our confederates & specially such as you shall note
most bold & active that way from leaguing or treating with the
common enemy afore or against our liking or consent, and the
pascatowayes without the authority or consent of their queene
residing here.
6 Lastly in all matters of importance, w® shall concerne the
exequution of your Commission, or of these instruccdns, in
matters left to your discretion, you are to advise with Thomas
Gerard, & James Neale Esquires & Counsell's of the Province
Thomas Greene & Cutbert ffenwick gent Thomas baldridge,
Nathaniel Pope & John Price planters, or two of them; wherof
the said Thomas Gerard to be one, & the said James Neale to be
another; if they or either of them be there to be advised with.
signed. John Lewger
18. June 1644.
[Passport to Indians. ]
P-170 1644
June 18, Cecilius &c. to all inhabitants of Province &c. I
doe hereby signifie & declare vnto you, that I have promised &
vndertaken to the Indian bearer or bearers hereof of the
sesquisahanow nation, not exceeding 3.in number, & repair in
good manner from the Sesquisahanow ffort to my Leiutent
Grall, or some of my Counsell at Kent, or St maries vpon any
publique treaty message safe & free passage too & fro
through my province without any harme or molestation of any
the English, And therefore I require all & every of you vpon
sight hereof not to doe any thing to the violating of the said
publique faith given vnto them vpon the vtmost -pill of such
punishm‘ as by martiall law may be inflicted vpon the con-
temn* or violaters hereof Given at St maries this 18. June
1644. witnesse Giles Brent &c
{Commission to W. Brainthwait and others. |
p- 173 30 August 26" 1644
Cecilius Lord & Proprietary of Maryland to our trusty &
welbeloved william Brainthwait Esq, Comander of our County
Proceedings of the Council of Maryland, 1636-1647. 151
of S'Maries, Thomas Greene gent & Cutbert ffenwick gent
greeting. Relying vpon your discretion & integrity we doe
hereby constitute & appoint you our Commissioners for our
County of St Maries to heare & determine all civill causes, &
likewise all criminall causes not extending to life or member
in o' said County arising or pleadable by the Law of this Pro-
vince before the Comander & Commiss" of a County; grant-
ing vnto you hereby all requisite authority for the issuing of
processe or exequution according to the exigence of iustice
such as is allowed by the Law to be administered by the
Comander & Comm of a County witnes o* Lieuten' Grall
Giles Brent.
transmiss: in chartula a Kent, ei nullo sigillo.
[Suspension of Lewger.]
30. whereas John Lewger Esq once of his Lo’® Counsell of
this Province of Maryland hath without any order or authority
derived from his Lo® the Lo? Proprietary or his Leiutent Grall,
presumed of his owne hand to counterfait & deliver vnto Capt
Henry ffleet a Commisssion for treating a peace w' the
enemies of this Province the Sesquisahanocks, & likewise for
the making of the said ffleete a Captaine or Generall to make
war ags' them or other Indians, & to exercise authorities over
his company inhabitants of this Province, and to doe other acts
according to the tenor of the said Commission vnto which said
Commission he hath likewise presumed to affix & counterfeit
his Lo’ great Seale & his Leiutenants hand, which acts being
of highe misdemeanor & offence, & such as requires severe
animadversion, These are therefore to suspend the said John
Lewger from the said office & dignity of Counsell" & from all
other offices & dignities therevpon depending. And I doe
further hereby revoke all other Commissions at any time
granted vnto him the said John Lewger by me (as his Lo”
Leiut' Grall for granting out writts or exercising any other
power of iudicature within this his Lo» Province.
Giles Brent
declard by the Leiut' Grall.
the 26 of August 1644.
1644
Septemb 6. Cecilius Lord & Propriet’ of the :pvinces
Commission for the ) & countries of Maryland & Avalon in
goverm' \ the pts of America Lord Baron of Balte-
more &c. To all & singular -psons to whom these pnts shall
come, greeting. Know ye that we for divers speciall causes &
consideraons vs therevnto moving have revoked & determined
& by these pnts doe declare that we doe hereby revoke &
Liber P. R.
P- 174
P: 175
Liber P. R,
152 Proceedings of the Council of Maryland, 1636-1647.
absolutely determine all former Commissions heretofore
granted vnto o' deare brother Leon: Calv' Esq or to Giles
Brent Esq concerning the govermt of o' said ‘pv. of maryl: &
all pover & authority by vs thereby granted vnto him or them
or to any other of o* Councell, or to any other -pson or sons
whatsoever in & by the said Commissions or any of them: &
also all pover heretofore given to o' said brother or the sd
Giles Brent by the said Commissions or any of them or other-
wise of enacting or assenting vnto any lawes or ordinances in
o* name within the said pv. and we doe hereby likewise dis-
charge all & every pson & -psons whatsoever from o' Councell,
& to be of o' Councell within the s‘ pv. of mar: w*" heretofore
have bin of o* Councell there.
nevertheles considering & well knowing that the people
there cannot subsist & continue in peace & safety without some
good goverm' to be ordeined & establishd aswell for the
cherishing of the vertuous & orderly, as for the punish™ of the
lewd & disorderly -psons there; and calling to mind the faith-
full & laudable service done by o* said deare brother Leon.
Calv' Esq aswell in the adventure of his -pson in the first dis-
cent & setling of o* colony within o* said -pvince of m. as in the
ordring & advancing of the same by his -psonall residence with-
in the same o" said prov: wherin he hath manifested to the
satisfaction of o° selfe & of o' colony there such wisedome
fidelity industry & other vertues as render him capable &
worthy of the trust hereby by vs intended to be reposed in him,
have noiated constituted ordained authorised established & by
these pnts doe noiate constitute ordaine authorise & establish
the said L. C. in the absence of vs & ot heires, o' Leiut' grall,
admirall, marshall, cheife Capt & comder aswell by sea as by land
of o' s* prov. of M. & the Ilands to the same belonging. And doe
by these pnts grant vnto him the cheife comandm' & absolute
authority above & in all matters of warfare by sea & land to
exequute & administer the same to the resistance of the enemies
or suppression of mutinies & insolencies as o' said Leiutt shall
think most commodious for the p'servadn of o° said prov. &
to doe all such other things as doe belong or apptein to the
office of a Lieut! generall, admiral, marshall, cheife Captaine
or Comder, in as large & ample maner to all intents & purposes
as we o selfe might doe, if we were psonally pnt, by force or
vertue of the Ires patents to vs granted by o* soveraigne Lo:
K. Charles vnder the great seale of Engl: bearing date at
westm: 20. June 8'" yeare of his mat reigne. To have hold
exequute & administer the same w'* such & as ample power
& authority as we if we were -psonally piit might doe or exe-
quute the same by force or vertue of the lérs patents afores*
vntil we shal signify o" pleasure to the contrary. And we doe
Proceedings of the Counctl of Maryland, 1636-1647. 153
hereby further ordeine & comand all such as shalbe hereafter Liber P. R.
sworne of o* Councell within o' said prov. of M. all Captaines
officers & soldiers aswell by sea as by land whom it doth or
may concerne, all o' officers receivors bailiffs marshalls & all
other :psons whatsoever within o' said prov: of M. of what
quality or condition soever, that they & every of them doe
acknowledge the said L. C. in the quality of o Leiutt generall,
admirall cheife Capt & Comder over all o° fores* pv. of m. &
the Ilands & members of the same, & doe honor respect &
obey him as they ought to doe, vpon paine of such punishm!
to be inflicted vpon them & every of them as such a highe
contempt as the disobedience & neglect therof shall deserve
And to the end that no man shall p'tend ignorance, we doe
comand this o' Commission & ordinance to be ‘pclaimed &
published within o° s‘ pv: at the places accustomed to ‘pclaime
& publish any our edicts & ordinances Comanding him o' said
L' to :pceed w rigor ags' all contemners & neglectors of the
same in such strict & severe manner as we o' selfe might doe
by force & vertue of the said letters patents if we were there
psonally pnt: and that without favor or connivence.
And we doe further by these pits, make constitute ordeine p. 176
& establish o° s* brother to [be] o' Chancell’, cheife Justice &
cheife magistrate within o° s* prov: vntill we or our heires shall
signify the contrary vnder ot hand & seale, & doe hereby give
him power from t[ime] to time to appoint & constitute officers
& ministers for the admraon & exequution of iustice & for
doing & exequuting all other things whatsoever w™ belong to
the establishing & goverm! of a good & happy commonwealth
within o° said prov:
assemblyes And we doe further by these pnts grant vnto
him o* s*? Lt Chancell' cheife Justice & cheife magrate full &
absolute power & authority when & as often as he shall think
fitt to call & summon one or more grall assembly or assemblies
of the freemen of o* said prov: or their depp: at such place or
places within o* S¢ -pv: as he shall think fitt, for the enacting of
wholesome lawes & ordinances for the goverm' & well ordering
of the s¢ prov: & people within the same. To w™ purpose we
doe hereby grant full power & auth’ vnto o° said L' from time
to time in every grall Assembly to be summond by him within
the s‘ pv: of M.in ot name steed & place to enact & assent
vnto such lawes & ordinances as he o* s* L* shall think fitt &
necessary for the good goverm! of the s* prov: of m. & w™
shalbe consented to & approved of by the freemen of the s*
prov. or the maior ‘p' of them or their depp: to be assembled
by you o's‘ Lt there from time to time for the enacting of
lawes within that prov: Provided that the s‘lawes so to be
enacted & assented vnto by him o's’ Lt there in o* name, be
Liber P. R.
154 Proceedings of the Council of Maryland, 1636-1647.
as neare as conveniently may be agreeable & not contrary to
the lawes of Engl: & that every one of the s‘lawes so to be
‘enacted & assented vnto in o' name be made to continue in
force till we or our heires shall signify o' dissassent thervnto
vnder o' or their hand & seale, & not to continue in force only
for any other limited time, as till the next ensuing grall
Assembly there after the making therof or for any certen
number of yeares, as divers lawes heretofore have beene made
there, w‘" causes a great deale of incertenty, & pduces many
ill effects in the goverm' there. Provided also that of s¢ Lt
doe not in o' name enact or assent vnto any law for the con-
stitution confirmaodn alteration or change of any officer or
officers within the s* prov: or w may any way infringe or
preiudice any of o* rights prerogatives or royall iurisdiction
over or in the s* pv: granted vnto vs & o' heires by the Ires
Patents abovemenond Every w‘* law so to be assented vnto
& enacted by him o* s‘ Lt there in o" name & consented vnto
& approved of by the s‘ freemen or their depp: or the maior
pt of them in such maner as aforesd. we doe hereby declare
shalbe in force within the s‘ prov: vntill we or our heires signify
our or their dissassent thervnto vnder o* or their hand & seale
& no longer: vnles after the transmission therof vnto vs or our
heires, & due consideraodn had thervpon, we or our heires shall
think fitt to confirme the same vnder o' or their hand & seale.
And we doe by these pits grant full power & authority vnto
of said Lt to adiorne progue & dissolve all & every such
assembly & assemblies by him heretofore called or hereafter
to be called at his pleasure.
Proclamat. And for as much as the calling of a grall assembly
of the s* freemen, & the consulting about & enacting of lawes
will require long time & much consultaon & many times sodaine
& other neary occasions may happen or fall out w require a
speedy remedie; we doe therefore hereby grant vnto him o' s4
L* full power & auth” from time to time to make constitute
ordaine & publish in 0" name such reasonable & pfitable ordi-
nances edicts & ‘pclamaons within o* s* prov: of M. w" reason-
able paines & penalties therin to be expressed, to be duely in-
flicted on all offendors agst the same as he o' s‘ Lt in his dis
cretion shall think fitt, & as by the lrés patents above mentiond
is & are warranted. -pvided that such penalties doe not ex-
tend to the taking away the right or interest of any ‘pson or
sons of or in their life members freehold goods or chattells,
nor be repugnant or contrary but agreeable as neare as ma
be to the lawes established within the Realme of Engl: & to
the lawes & ordinances established or to be established within
o' s* prov: of M. all w™ edicts & pclamaons shall stand in force
only & vntill we or o* heires shall satisfy the contrary vnder o'
Proceedings of the Council of Maryland, 1636-1647. 155
or their hand & seale, to him o* st Lt & the people there or Liber P. R.
that he o* s* Lt shall in his discretion think fitt to repeale the » 177
same or that the same be repealed in a grall Assembly of the
said freemen or their depp: to be called & assembled as afores*
w'? the consent of o* s¢ Lt
And further we doe hereby grant full power & authr’Y vnto
him o' s? Lt to appoint from time to time fitt places for
publique Ports for lading ships vnlading & discharging of all
goods & merchandises to be imported or exported into or out
of o s‘ pvince & to appoint officers & ministers in the same
places & ports, & also to erect & establish convenient places
for the holding & keeping of faires & markets, & to establish
faires & markets to be there held vpon certaine daies for that
purpose to be by him appointed. And we doe further by these
pnts grant full power & author’ to hirn o* S* L' (if he see cause)
to pardon & remitt in part or in the whole all paines forfeitures
or penalties w™ any ‘pson or psons within o' s¢ pv: shall incurre
for any crime misdemeanor or offence ags' any the lawes
ordinances or orders whatsoever made or to be made for
the good goverm' of the s* pv: & to grant pardons for all & every
such delinquents in o* name vnder o' great Seale of 0" s* Prov: so
as such pson or ‘psons extend not to the pardoning of highe
treason. And further we doe by these phits committ the cus-
tody & keeping of o' great Seale of o" sd pv: vnto him o* s* Lt
And we doe hereby further grant vnto him o° s* Lt power &
authority for vs & in o" name to passe & grant vnder the same
o' great seale, all writts & processes, all Commissions aswell
for authorising such pson & ‘psons to be of o* Councell there
as we shall from time to time appoint by warrant or direction
vnder o* hand & seale, as for the exequution of iustice, &
for dividing & bounding of lands, all pardons licenses &
other publique acts & deeds whatsoever w*" shall at any time
passe within o* s* pv:
And we doe further hereby grant full power & auth vnto
him o* s¢ Lt for vs & in o' name to passe & grant vnder o* s*
great seale, to such ‘pson or ‘psons such proportions & quan-
tities of land within o' s* pv: for such estate & interest, & w'?
such priviledges & immunities, as we have or from time to time
shall give him o' s¢ L' warrant for vnder o* hand & seale; all
w grants so to be made passed or granted after the same
grants & the said warrants vnder o* hand & seale for the passing
therof shalbe enrolled by o* Secretary of the s* pv: for the time
being; And after that o" st Secretary shall have certified vnder
his hand vpon the backside of every such grant, that the
said grant & warrant vnder o" hand & seale for passing
therof are inrolled, & that the grantee or grantees have pformed
the conditions of plantaons; (if the grant be passed by vertue
Ports
Pardoning
Seale
an
Liber P. R.
p. 178
156 Proceedings of the Council of Maryland, 1636-1647.
therof) concerning armes & ammunition, or given caution for the
pformance therof within one yeare next ensuing; & also taken
the oath of fidelity to the Lord Propriet’ & also after that o
Survey’ Generall there for the time being or his deputy shall
have likewise certefied vnder his hand on the backside of every
such grant that the land therin mentioned hath beene truely
survayed & conteines no more in quantity then it ought to doe
by warrant from vs; we doe hereby declare shalbe effectuall in
law & not before ags' vs & shall bind vs & o' heires as firmly
as if livery & seisin had bin given & exequuted thervpon.
And we doe will & require o's‘ L' to advise as there
shalbe cause w™ those who shalbe from time to time
noiated of o' Councell vpon all occasions concerning the good
goverm' of o' s* pv: of M. & of the people there.
And we doe further hereby grant full power & auth’ vnto
o s' L' to inquire heare determine & finally to iudge of & vpon
all causes criminall whatsoever of what nature & quality
degree or condition soever the same shalbe w‘" may
happen or arise within o' s* ‘pv: of M. according to the lawes of the
s" pv: or in default therof according to his best discretion, as fully
& absolutely as we o' self might doe by force & vertue of the lrés
patents afores* if we were psonally pnt to give sentence or
iudgm* of in or vpon the same (excepting only where the life
or member of any ‘pson shall or may be inquired of or deter-
mined.) And to award exequution vpon every such sentence
or iudgm' And also to heare & determine all civill causes
actions suits & demands both in law & equity of or concerning
any goods chattells or contracts debts or demands or
other psonall or mixt action or actions suit or su [ites |
whatsoever (excepting where the freehold of any ‘pson or ‘psons
shall come in question excepting causes testimoniall) in the most
summary & zequall way that he may according to the lawes &
Statutes of that o' s* prov. of m. already made & established, or
hereafter t}o] be made & established; & in default of such lawes
established or to be established wi[thin] the s* pv: of m. then
according to his best discretion, in as ample maner as we oT
selv[es]: were we pit could heare & determine the same by
virtue of the s‘lrés patents. And where the life member or
freehold of any ‘pson or ‘psons shall happen to come in question
within o° s* pro: of M. we doe hereby grant vnto him o s? Lt
& vnto su[ch] ‘psons as we have or shall from time to time by
Commission vnder the great seale of o* s* prov: noiate & appoint
to be of o" Councell within the s* prov. of M. or vnto any three
of them wherof o's‘ L' to be alwaies one, full power
& auth’ to inquire heare & determine therof accord-
ing to the lawes of o' s* pv: of M. established or to be established
& in default of such lawes there established or to be established
Councell
Criminals
civill causes
maior causes
Proceedings of the Council of Maryland, 1636-1647. 157
according to their best discretion, in as ample maner as we 0° Liber P. R.
selves were we pnt could inquire heare & determine the same,
& to award exequution accordingly.
And lastly whereas o* s* Lt may happen to dye or be
absent from time to time out of the s* prov. of M. before
we can have notice to depute another in his place we doe there-
fore hereby grant vnto him o' s* L' full power & auth’ from time
to time in such cases to noiate elect & appoint such an able :pson
inhabiting & residing within o° s* prov. of M. as he in his dis-
cretion shall make choice of & think fitt to be o* Let grall,
Chancell* keep of o° great Seale there, Admirall, cheife iustice
magrate & Comder aswell by sea as by land of o* s* prov: of
M. & of the Ilands to the same belonging, during the absence
of vs & ot heires, & of him o' s¢ Lt out of the s* prov. & in as
large & ample maner as we have by these pnts authorised him
o's? L' to governe for the pnt. And in case o's* L' shall happen
to dye or be absent out of o's? prov. of M. & shall faile to
make choice of nodiate & appoint some ‘pson to be o' Lt &c,
we doe hereby grant vnto o' Councell® there for the time being,
or the greater ‘p'of them full power & auth’ from time to time
in every such case to noiate elect & appoint such an able :pson
w* shall then be of o' Councell there & inhabiting & residing
within o' said prov: of m as they or the greater ‘pt of them shall
make choice of & think fitt to be o' L' &c. w pson so to be
chosen & appointed in any of the cases aforesaid, we doe here-
by declare shalbe o' L' &c. during the absence of o' s* brother
or vntill we or o' heires shall signify o* pleasure to the contrary
& no longer. To w% Lt &c. so to be elected noiated & appoint-
ed as afores' we doe hereby grant the like power & auth'y in
all causes & things as we have by these pnts given & granted
vnto o* s* brother: hereby comanding o* Councell’* Captaines
Soldiers & officers for the time being & the people of the s*
prov. of M. & all others whom it may concerne, to be obedient
vnto him in all things matters & causes as we have in & by
these pnts commanded them to be obedient vnto o* s* brother
of pnt Lt vpon paine of such punishm'* to be inflicted on them
& every of them as such a highe contempt shall deserve. Given
vnder o* great seale of o' s¢ Prov: of M. at o° ffort of St Maries
Substitut.
within o' s* prov: on the day of 1644.
Commission for the Cecilius &c. To o' deare brother
Councell. Leonard Calvert Esq, 0° Lt of o° said
pro: of M. & to of trusty & welbeloved Giles Brent, John
Lewger, Thomas Greene, Thomas Gerard, and James Neale
Esq‘ greeting. Know ye that we reposing speciall trust &
confidence in yo" wisedomes diligence & expience, have
assigned & appointed you iointly & every of you severally to
Liber P. R.
P> 179
158 Proceedings of the Council of Maryland, 1636-1647.
be of o° privy Councell within of s‘ prov: of M. And we doe
hereby give vnto you & every of you full power & auth from
time to time & at all times-vntill we shall determine or other-
wise revoke this pit commission, to assemble & meete together
w" our L‘ or other cheife Gov’ of o' s* prov. for the time being,
when & where he shall from time to time direct & appoint, to
treate consult deliberate & advise of all matters causes &
things w* shalbe discovered vnto you or be brought afore you
aswell concerning the quiet govermt & regulating of the
people there, as for the good & safety of o's! prov. of m. And
for the better &c. vt supra anno 1642 pag: 34. Given vnder the
great Seale &c.
Commission of Cecilius &c. To all & singular -psons to
Secretary whom these pits shall come greeting having
had long expience of the abilities & industry of of trusty &
welbeloved Counsell" John Lewger Esq in forming vnto vs
gocd & faithfull service in the s* prov. of M. & reposing
speciall trust in his wisedome diligence & expience, have con-
stituted appointed & ordeined; & by these pnts doe constitute
appoint & ordeine him the s@ John Lewger to be o' Secretary
of o' s* prov: of M. And also Judge of all causes testamen-
tary & matrimoniall within o* s‘ prov: And we doe hereby
give him power to grant lrés of Admradn from time to time
in o name of the estates of deceased sons within o° s¢ pv. of
M. vnder o* signett or lesser seale of o' Coate of armes now
in the custody of o' sé secretary, & w'" the teste of the s? Jo.
Lewger as occasion shall require.
And we doe by these pitts appoint constitute & ordeine the
s* John Lewger aswell to be o* Attorny Generall as o' princi-
pall officer & keeper of the acts & peeedings of vs & of of
Leiutt gen: & Counsell there for the time being. And of &
for the entring & recording of all grants by vs or o° heires to
’e made of any lands or offices within ot sé prov. of M. & for
‘he entring & recording of all other matters acts & things
v by any Instruccons lawes or ordinances made or given or
co be made or given for or concerning o' s¢ prov. of M. shall
or ought by the appointmt of vs & o* heires or by the
appointm' of o' Lt or other cheife Gov" ther for the time
being or otherwise to be entred & recorded. To have & to
hold exequute & enioy the said office & offices vnto the s?
John Lewger during o* pleasure & no longer. Given vnder
o* great Seale &c.
28. Commission to John wyatt gent, To be Comander of
Kent, & John Abbott & william Cox Commiss® forma qua
supra; pag: 66.
Proceedings of the Council of Maryland, 1636-1647. 159
Eod. ‘pclamaon to all psons of the Ile of Kent indebted to Liber P. R.
Lo? to make paym‘ to the L' Gen: or in his absence to John
Abbott Commiss*
LE.
July 2° Commis" of tht Councell 1644. Ae
Locus + Sigilli Cecilius Lord & Prop* of the Prouinces
magni of Mary-Land & Aualon in the parts of
America, Lord Baron of Baltemore &c:
To of Deare Brother Leonard Caluert Esq’ o° Leiut & grall of
o' s* Prouince of Mary-Land & to o' trusty & welbeloued Giles
Brent Esq* John Lewger Esq Thomas Greene Esg' Thomas
Gerrard Esq’ & James Neale Esq’ Greeting.
Know yee th' wee reposing speciall trust & confidence in
yo" wisdomes diligence & experience, haue assigned &
appointed yo" ioyntly, & euery of yo” seuerally to be of our
Priuy Councell win o' st Prouince of Mary-Land. And wee
doe hereby giue unto yo”, & every of yo” full power & autho-
rity from time to time, & att all times, untill we shall deter-
mine or otherwise reuoake this pnt Commis" to assemble &
meete together w o* Leiut or other cheife Gouerno' of the
Prouince, for the time being, when & where he shall from time
to time direct & appoint, to treat, consult, deliberate & aduise
of all matters, causes, & things w% which shall be discouered
unto yo”, or be brought before yo” aswell concerning the quiett
gouerm' & regulating of the poeple there as for the good &
safety of o' s* Prouince of Mary-Land. And for the better &
more peaceable gouermt of o° s* Prouince of Mary-Land, wee
doe hereby assigne & appoynt yo” & euery of yo” (untill we
shall revoke or determine this p'nt Commis") to be o' Justice,
& Justices, Commis" & Commis* for conseruation of the peace
w'tin the s* Prouince of Mary-Land, & doe hereby grant unto
yo” & euery of yo” (in case any breach of peace shall happen
w'tin yo" any, or eyther of yo" uiew, or in case yo” shall be
informed of any breech of th° peace) full power & authority to
arrest or call before yo’, by yo" warrt to be directed to the
sheriffs, Constables or other Officers of Counties, Townes, Vil-
lages, & other places w'*in the s* Prouince of Mary-Land all & p. 75
euery the Offendo" & Offendo’s agst o" Peace, & if yo" see
cause) to bind ouer the Offendo’ or Offendo®™ w good surety
or sureties to appeare before o' Leiu' & the Counsell there, to
answere the same. & in the meane time to keepe the Peace, or
bee of the good behauio’ as the case shall requyre: And in
default of such surety or sureties to be by such offendot or
Offendo® tendred unto yo” to committ the Offendo" or Of-
fendo® to the common goale, or next prison win the s?
Prouince as to yo” shall seeme fitt: There to remaine untill
Liber A.
Liber P. R.
Pp: 179
p- 174
p. 181
160 Proceedings of the Council of Maryland, 1636-1 647.
they find good surety or sureties as afores‘ or untill hee or
shee shall be deliuered by ot Leiut or the Councell of the
s* Prouince of Mary-Land or the greater part of them,
whereof o* Leiut for the time being to be one. And wee doe
hereby further grant unto yo", & euery of yo” full power &
authority, to attatch, arrest, or by yo' warr'® to cause to be
arrested & attatched & to bring to due punishmt all Offendot
& Offendo™ in weights & measures, all forestallers of mar-
ketts, regrato's, ingrossers, extortioners, riotors & other offend-
o* agst the publique wellfaire & peace of o' s‘ Prouince of
Mary Land And we doe hereby command all o° sheriffs,
Officers, & Ministers wtsoeu' that they & euery of them be
obedient to yo" o' st Commis® & euery of yo” in all things as
becommeth. Gyuen under the great seale of the s¢ Prouince
of Mary Land att o° ffort of St maries, w'tin ot s* Prouince on
the 18" day of Septemb’ 1644.
30 By vertue of his Lo’* Commission to me directed in that
behalfe, I Leonard Calvert Esq Govern’ of Maryland, doe
hereby nominate & depute my welbeloved cosin william Brain-
thwt Esq, to be Leiutenant, Generall, Admirall, Chancell*
Keeper of the great Seale, cheife Captaine Magrate & Com-
ander of the said :pvince during my absence.
re:
Novemb 2. William Brainthwait Esq, took the oath of a
Counsellor of the Province in forma supra pag. 132.
4. Thomas Greene Esq, took the oath of a Counsellor
forma Ead:
By the Governor.
Novemb 11.
These are in his Los name to prohibite all & every the in-
habitants of this Province to lend, give, sell, or barter any armes
or ammunition whatsoever vnto any Indians within this Province
without leave first had from the Governor of the Province for
the time being, and to authorise any inhabitant of this pvince
who shall meet w"* any Indian within this Province (without the
said licence) having w"" him any ammunition, to take the same
from him, and deliver the same vnto the Govern" for the time
being: And likewise to prohibite all the said inhabitants of this
Province to enterteine or receive into their houses (without the
aforesaid licence) any Indians whatsoever as they will answere
the contrary at their ‘pill. Given at west St Maries the 1 BOn
Novemb. 1644.
Proceedings of the Council of Maryland, 1636-1647. 161
vacat; p aliam; to 22 ‘These are to will you & withall to
mark Phaypo, & Jo: Genalles { authorise you to take the comand of 8.
men & a shallopp & to presse to fill vp that number; & to
employ them in service at the Ile of Kent according to Instruc-
cons. And to require the said -psons to obey you in all things
accordingly. that shall apperteine to that service
Ee
vacant p. alias ; to goe
vpon the west shore over agst Comins plant ~
& to land 4. & 1. to hollow at house, & Instruccons.
surprise some one & bring him away
I. you are w® all the speed you may to repaire w'® yo" com-
pany to the Ile of Kent & if wind & weather pmitt after you
are past Patuxent river to make over for the East side of the
Bay, & to keepe that side to popelirs Iland in such secrett
maner as you may to keep yo" shallopp from being discernd at
Kent
2. at popelirs Iland to stay vntill night, discovering afore
hand if any vessell be riding against the Southerne pt of Kent,
& if there be any thereabouts or in any other part, to keepe out
of comand of all vessells, & to make for some plantaon farther
vp the Iland where you shall have have reason to think it wilbe
fittest to putt a shore both for safety & intelligence & not to
goe on shore at Kent point or therabouts vntill you have had
informaon, of the state of the Iland from some weaker plantaon
as afore.
3. to enquire whether Capt Clayborne or any other have
made any disturbance of the peace or committed any outrage
vpon the Iland & to learne what force he did it with, & what
strength he is of there at sea or shore & what his intents further
be, & how long he meanes to stay
4. to deliver my lré to C. Brent & bring an answere if you
may.
Commission (1° January) to Capt will: Brainthwait Esq to be
Comander of Kent, w all authority civill & martiall w™ hereto-
fore to any Comander hath belonged; & in absence to depute
such son as shall think fitt: & John wyatt, Robt Vaughan
gentt. John Abbott, willia Cox Commiss"
1644
January Proclamaon to be published vpon Ile of Kent, to
prohibite trade till ship have beene at S. maries; &c And to
declare Capt william Clayborne Esq & Rich. Thomson planter,
to be enemies of the -pvince, & to phibite all intelligence or
correspondence w" them or Agents at pill &c as p file,
Liber P. R.
p. 183
p- 184
Liber P. R.
p. 184
p. 186
162 Proceedings of the Council of Maryland, 1636-1647.
4 The Petition of Giles Brent Esq, and of mary his wife,
to the ho"* the Counsell of the Province.
Sheweth, That wheras the ho"* Leonard Calvert Esq Govern"
of this Prov: was bound to deliver to the said Mary or her assignes
by the first of Aprill last, certaine cattell specified in his bill now
ready to be produced in Court, neverthelesse the said cattell
were not then or since delivered according to the said bill, to
the damage of the pet's the value of 5700! tob & cask. And
therefore the pet's pray that you will become intercessers vnto
the said ho" Gov‘ on their behalfe that he wilbe pleased to
satisfy vnto them their said damage of 5700! tob & cask; &
yo" pet® will alwaies pray &c. ae
The petition of Giles Brent Esq to the ho" the Counsell
of the Province. Jan. 7. 1644.
Sheweth that whereas the ho" Leonard Calvert Esq Gov-
ern’ of the Prov: did by certaine articles betweene him & the
said Giles, oblige himselfe to convey to the said Giles certaine
lands in the County of Kent, in those articles specified, and
likewise to secure him by bond or covenant to keepe him
indemnified in the possession of the said lands and to iustify
his title in them; nevertheles the said ho'* Gov" having beene
required to secure the pet’ according to the said articles, hath
refused so to doe, whereby the pet’ remaines exposed to mani-
fest danger of much losse denounced vnto him from willia
Clayborne a pretender to the said lands. ffor his remedy in w™
case to wit that he may have a competent security given him
for his indemnification in the possession of the said lands, and
for iustification of his title in them according to the said
articles, he prayeth that you will become intercessors on his
behalfe vnto the said ho" Gov" &c.
Ge Be
To the ho" Governor.
Sir
I doe signify vnto you that M* Giles Brent hath delivered
vnto me 2. petitions herew'> sent vnto you; and I desire you
by vertue of the Law in that behalfe, that you wilbe pleased to
give him a competent security for his indemnification in the
possession of the lands at Kent, mentioned in one of the said
petitions, & for iustification of his title in them, according to |
the said petition, dated 7. January instant: & likewise to satisfy
vnto him 5700! tob & cask, demanded in the other petition for
damage of non formance of a covenant to his wife Mary
touching certaine cattell; or els to shew cause why you refuse
Proceedings of the Council of Maryland, 1636-1647. 163
to doe either; and to appoint some time when the Counsell Liber P. R.
shall attend you for it, betweene this & Monday next. So |
humbly take leave to rest
Yo" servant
S. Johns. 9 Jan: 1644 John Lewger
1644 p. 187
January 9. wheras the ffreemen inhabiting within St
Georges hundred, did (as I am informed) in the beginning of
August last consent for the helping of their quiett & safety
ags' the Indian enemy, to find for their part a souldiar w" all
necessaries in the garrison then appointed at Pascatoway, w%
souldiar hath served in the said garrison from the said begin-
ning of August vntill the 6° of this month. These are to will
& require you without delay after sight hereof, to assemble all
the ffreemen of your hundred of St George, to such place & at
such time as you shall think fittest, & together w them or the
maior part of them so assembled, to heare & determine the
demand of the said souldiar, or of any other, for any wages or
other charge pteining to the said service or to his part toward
it; and to assesse the said charge ratably vpon all spticular
ffreemen of the hundred, in such manner as to you and the
said ffreemen so assembbled, or the maior part of them shall
seeme fittest. And if any shall refuse to consent to the making
of such assessm! or to the payment of it being made, to signifie
his or their name vnto me without delay, to the end such
course may be taken therin as to iustice shall apperteine. And
for so doing this shalbe yo' Commission.
Given &c.
To Tho: weston of St George’s
hundred mcht
All that have any demand to make for wages or any other
charge laid out toward the service of the late garrison at pas-
catoway, are required to putt in their demand sometime afore
the day of, to Jo. Lewger Tho. Gerard Esq*s Tho.
weston mcht. Tho. Sterman; or one of them, who are appointed
to take all the accompts therof & vpon the said day to
divide the charge therof in the duest maner they may vpon
the severall hundreds: and each of them in the severall hun-
dreds wherin they inhabite respectively are afterward to
assemble the freemen of their hundred, & by their consent to
assesse the charge of the hundred vpon the +pticular freemen
ratably or otherwise in such maner as they shall think fittest in
every hundred respectively.
House of
Lords
Journal.
p. 86
164 Proceedings of the Council of Maryland, 1636-1647.
Report from the Com* of forraigne Plantacons conc Maryland
1645.
Die Veneris. 28 Novem: 1645.
At the Com of Lords & Comons for fforraigne Plantacons
The Peticon of diuerse the Inhabitants of Maryland was this
day read, setting forth the Tyranicall Gouernement of that
Prouirice, euer since its first setling, by Recusants; whoe haue
seduced, & forced many of his Ma‘” Subiects, from their Reli-
ion: And humbly praying, the assistance, & protection of the
Paieere by appointing such a Gounem‘tas they shall thinke
fitt. Vpon consideration whereof; as alsoe of the Letters
Patents, whereby his Ma'’ in the eighth yeare of his Raigne,
granted the said Prouince to Cecill Calvert, Baron of Balti-
more; and of a Certificate from the Judge of the Adm'Y
(grounded vpon depositions of witnesses taken in that Court;)
That Leonard Caluert late Gouernot there had a Comission
from Oxford, to seise such persons, ships, & goods, as be-
longed to any‘of London; w he Registered, proclaymed and
endeauoured to put in execution at Virginia. And that one
Brent his Deputy Got had seised vpon a ship employed vnder
Comission, deriued from the Parliamt, because she was of
London: and afterwards, not only tampered w* the Company
thereof, to carry her to Bristoll, then in hostility against the
Parliamt but alsoe tendred them an Oath ag*t the Parliamt
This Com* doth therefore conceiue, that not only the said
Gou'no’ & Deputy Go' are vnfitt to be longer continued in the
said charge; but alsoe that the Lord Baltimore hath broken
the trust reposed in him by the said Lrés Patents. And that
it will be a very good seruice, to haue the said Plantacon and
Gouernm setled in Protestants hands, by Ordiice of Parliamt
And it is ordered, that a Report be made of this matter to
both Houses, that their pleasure may be receiued therein; And
for that Cap‘ Ingle lyes vnder the trouble of many suites here
for matters done in Maryland, for the Parliam’ seruice. The
houses are therefore to be moued, to make prouision by ordi-
nance for exempting from vndue prosecution here all persons,
that shall be employed in the setling, and executing of the said
Gouernem' for matters referring to the said Gouernem', by
referring the same to a Comittee of Parliament, or otherwise
in such sort, as to the wisedome of the houses itt shall appeare
meete. And the Earle of Warwicke is desired to make Report
hereof to the house of Peeres.
W. Jessop Sec’,
Proceedings of the Council of Maryland, 1636-1647. 165
Die Jouis, 25'° Decembr: 1645.
Ordered by the Lords in Parlyament assembled, That the
Comittee for forraigne Plantations, doe drawe vp an Ordinance,
and present it to this howse, for the setling of the Plantation of
Maryland vnder the Comand of Protestants, and for the indemp-
nity of those that haue or shall act in this bussines.
John Browne Cleric:
Parlyamentoru.
24 ffebr 1645
Rich. Ingle
To the Right hono"* the Lords nowe in Parlyament assembled,
The humble Peticon of Richard Ingle
Shewinge
That whereas the Peticoner having taken the Covenant and
going out with Lres of Marque as Capt of the ship the Refor-
macon of London and sayling to Maryland where findinge the
Governor of that Province to haue receiued a Comission from
Oxford to seize vppon all ships and goods belonginge to Lon-
don, and to execute a Tyrannicall power against the Protestants,
and such as adhered to the Parlyament and to presse wicked
Oathes vppon them and to endeauor their Extirpation. The
Peticoner conceiving himselfe not only by his Covenant, but in
his fidelity to the Parlyament to bee Conscientiously obliged to
come into their assistance, did venter his life and fortunes in
landing his Men, and assisting the said well affected Protes-
tants, against the said Tyrannicall Governor and the Papists
and Malignants his Adherents and had seueral bickerings with
them, and it pleased God to enable him to take divers places
from them and to make him a supporte to the said well affected.
But since his Retorne into England the said Papists and
Malignants conspiring togeather haue brought fictitious Actions
against him att the Comon Lawe in the name of Thomas Corn-
wallis and others for pretended Trespasses, in taking away their
goods, in the :pishe of S' Cristophers London and then recite
the perticulers, which are the very goods, that were by force of
warr iustly and lawfully taken from those wicked Papists and
Malignants in Maryland, and with which hee releiued the poore
distressed Protestants there, whoe otherwise must haue starued
and bin rooted out.
Nowe forasmuch as yo Lo?’ in point of State, by the Order
annexed were pleased to directe an Ordinance to bee framed
for the setling of the said Province of Maryland, vnder the
Comand of Protestants and for the indemnity of the Actors in it:
And for that such false and feyned accons for matters of warr,
acted in fforreigne parts, are not by Lawe tryable att the Comon
House of
Lords
Journal,
p- 10%
166 Proceedings of the Council of Maryland, 1636-1647.
House of Lawe, but if att all before the Constable and Marshall: And
Lords
Journal,
for that it would bee of daungerous example to mitt Papists
and Malignants, to bringe Actions of Trespasse, or otherwise
against the well affected for fighting and standing for the Par-
lyament
The Peticoner most humbly beseecheth yor Lo?’ to bee
pleased to direct that this busines may bee heard before
yo" Lo*s att the Barr or to referr it to a Comittee to reporte
the true state of the Case and to order that the said
suites against the Peticoner att the Comon Lawe may
bee stayed and noe further proceeded in.
Richard Ingle.
Die Martis, 24° Februarie 1645.
Vpon the peticon of Richard Ingle read this day in the house
It is ordered by the Lords in Parliament assembled, That the
matters in difference Betweene the Petict & Thomas Cornwallis
& others comprised in the said Peticon shall be heard at this
Barr on this day senight being the third of March next by ten
of the clocke in the morning Whereof the :pties concerned are
to haue spedy notice who are by their Councell to attend accord-
ingly And that all the :pcedings against the petic' by the said
pties touching the matters complained of are to be be stayed
vntill the said hearing
Jo: Brown Cler.
Parlyamentorum.
2° Martij 1645
Mary fford —
Cornewallis — + Cap' Ingle his papers
Ingle. —
Thomas Cornwallis p'
a St
Richard Ingle deft
Cornwallis planted himselfe diuers yeares since in the Pvince
of MaryLand in America And about two yeares since Ingle
came thither as M* of a London Shipp to trade in those parts
w'" the English who had planted there and was there accused
of high Treason for wordes w he had spoken ag* the King
vpon some Comunicacon of the differances here betweene the
King and Parliamt vpon w accusacon Ingle was arrested and
his Shipp and goods seised by the then Gouernot but Corn-
wallis to declare his affecCon to the Parliament found meanes
w'in 8 howers space to free Ingle and to restore him to his
Proceedings of the Council of Maryland, 1636-1647. 167
Shipp and all his goods againe, for w* fact the greatest fine House of
that by y® Lawes of that Country could be sett vpon any man ae
was by the then Gouerno' there imposed vppon Cornwallis and
hee compelled to pay the same And then for the safety of his
person enforct to trust his whole estate there w'* a Servant and
to flie hither w Ingle in the same Shipp And when Cornwallis
came into England Ingle gaue Testimony before a Comittee
of his good affeccon to y* Parliament and of his great sufferings
for that Cause.
Afterwards Ingle goeing into those pts againe Cornwallis
entrusted him here in London by way of Trade w" diuerse
Comodities to the value of about 200! but Ingle kept the Com-
modities, and takeing advantage of Cornwallis his absence landed
some men nere his howse and rifled him to the value of 2500"
att the least And then returning into England complained be-
fore the Comittee of Examinacons ag* Cornwallis as an enimy
to the State vainely hopeing by that meanes to shelter himselfe
from the Law, but vpon full debate of the businesse before that
Comittee Cornwallis was referrd to his remedy att Law, and
hath brought an accon att Lawe ag* Ingle for the Comodities
deliuerd here, and pcured a Comission out of the Chancery
to examyne witnesses of the value of the goods taken away in
Maryland.
To stay these pceedings Ingle caused Cornwallis to be laid
in prison vppon 2 faigned accons of 15000" but Cornwallis by
the helpe of his friendes gott out of prison And that spiect
faileing Ingle p'ferrd a peticon ag*t Cornwallis before the Lordes
in Parliamt And vpon fayned allegacons hath -peured an Order
to stopp Cornwallis his pceedings att the Lawe till the matter
conteyned in the peticon be determined And nowe Ingle ab-
sents himselfe and psecutes noe further vpon his peticon. And
now Cornwallis hath peticoned the Lords that in regard hee
hath attended seuerall dayes w Councell and is noe longer
able to beare that charge, that the businesse may be speedily
heard and determined by their Lo’?s or that hee may be left
att Liberty to try his accon att Lawe for the goods deliuered
to Ingle here
Cap' Cornwallis def
att the suite of
Ingle & fford p's
Capt Cornwallis had planted himselfe in the Pvince of Mary
Land in America And about two yeares since Ingle came
thither as M* of a Shipp to trade in those parts w'* the English
who had planted there. And was there arrested of high Trea-
son and his Shipp and goodes seised, for some wordes w hee
had spoken ag* the Kinge vpon a Comunicacon of the differ-
House of
Lords
Journal.
p- 102
168 Proceedings of the Council of Maryland, 1636-1647.
ance betwixt the King and the Parliam', but Cornwallis to
expresse his affeccon to the Parliam* found meanes to free Ingle,
and to restore him to his Shipp and all his goodes againe, for
w fact Cornwallis was fyned by the then Gouernot there att
1000" of Tobaccoe (the highest fine that could be sett by the
Lawe of the Country) and was compelled to pay the same
And then for the safetie of his person was fayne to trust his
estate w'® a Servant, and to flie hither himselfe w* Ingle.
Afterwards Ingle goeing to those parts againe Cornwallis
sent ouer some Comoddities by him for the maintenance of his
plantacon to the value of about 200" but Ingle kept all the
Comoddities, and takeing advantage of Cornwallis his absence,
landed some men neere his house, and rifled him to the value
of 2500" att the least.
Ingle returning into England, Cornwallis brings 2 seuerall
accons att Law ag* him one for the goodes delu'ed here, and
another for the goods taken away in MaryLand, To stay w%
pceedings, Ingle caused Cornwallis to be laid in prison vpon
2 fayned Accons the one att Ingles owne suite for 5000" the
other att the suite of one Cloberry for 10000" but Cornwallis
by the helpe of his friendes gott out of prison. And now
Ingle hath p'ferrd one peticon in his owne name, and caused
another to be p'ferrd in the name of one Mary ffoord ag* the
said Cornwallis before the Lordes in Parliam’t And vpon
diuerse false Allegacons hath cured an Order thence to stay
Cornwallis his :pceedings att Law, till the matter conteyned in
those 2 peticons be heard.
Seuerall days haue been appointed for heareing the busi-
nesse but through the multiplicity of other businesse the Lords
could not intend itt And now Tuesday the 17" of this instant
March is the day appointed
Wherefore Cornwallis humblie prayeth that the said
businesse may be heard or dismissed, he beinge not
able to mainteyne the charge of Attendance w* his
Councell.
To the right ho®* the Lords assembled in Parliamt
The humble peticon of Mary Foorde in the behalfe of
the Protestant Inhabitants in Virginia & Maryland
Sheweth
That Cap‘ Cornwallis stands guilty of the ffacts menéoned in
the Paper annexed.
And therefore yo" pet’* humble suite is, That yot
Hono would be pleased to proceed against him
- ed
Proceedings of the Council of Maryland, 1636-1647. 169
according to the Demeritts of these offences House of
Lords
Journal.
And hee shall eu’ pray &ce*
Mary Forde
A Charge to bee prefer’d by Mary ffoorde widdowe
against Captaine Cornwallis who stands vnder baile
to the Com** of Examinacons to answer any matter
of ffact that shalbee objected against him there or
elsewhere.
Whereas it is highly evident both by Letters and other Tes-
timonyes, that one Capt Cornwallis here in Towne, hath here-
tofore and still is a great Agent and factor for the setlinge of a
Popish faction in Mary-Land, to the great disadvantage and
affliction of the Protestants in that Country, who were long
before setled in Newe England and Virginia; Nowe in regard
of the Lord Baltimores poysned purposes, they subtilly pitcht
themselves betweene them, where they might more easely
mature theire designes, wh was to stick fast theire su‘pstition,
and to Rob, murther, and destroy, what euer they should
meete in opposicon to them, in w‘h designes the said Corn-
wallis hath euer yett beene the cheife Actor.
Now for asmuch as they might make theire intents more
fruitfull, the said Cornwallis endeauored the plantinge of the
place (as it should seeme) with Childeren, although stole from
theire parents, in whome his principalls might bee the better
fixt, And to wth purpose hee stole from M” ffoord here in
towne two Childeren the one a boy about 3. or 4. yeares
ould, the other a daughter about 5. or 6. yeares of age, there
to bee brought according to his will, wch fact the mother of the
said Childeren is ready to craue Justice in.
In pursuance of the said busines the said Cornwallis did in
the Country of Virginia about 11: yeares since goe forth him-
selfe into the bay of Chesupiack a free place for trade, for all
the Inhabitants of Virginia, & theire meeting with a boate of
Virginia hee the saide Cornwallis would haue surpriz’d her but
the Virginians standing vpon theire Guards, the said Corn-
wallis from his owne lipps comannded the men in his owne
boate to shoote at them, hee having noe other ground to fix
this his Accon on, but the Lord Baltamores propriety wch hee
the said Lord had gained from his Ma’ in the wronge of the
‘Inhabitants of Virginia, as will more Clearely appeare when
time shall serve, hee the said Cornwallis by that comannd slew
an honnest Gentleman one M*t Warren and hurt others, wth
murther is yett by him vnanswered for.
House of
Lords
Journal.
p- 109
170 Proceedings of the Council of Maryland, 1636-1647.
Lastly in the yeare 1644 the said Ingle being in that Coun-
try on a trading voyage, hee the said Cornwallis and one Brent
did by treachery surprize his Shipp & would have forc’d the
marriners to goe for Bristol to fight against the Parliament,
Calling them Rebells, and endeauored to force the Company
to take an Oathe that might engage the Marriners to pursue
the murderous intent of the said Cornwallis and Brent.
March 31. 1646
Mr Cornewallis peticon
To the right hono’ the Lords in Parliament assembled.
The humble peticon of Thomas Cornwaleys Esq*
Humbly sheweth,
That whereas yo" petic’ about a yeare & a halfe since did in
London deliver to Richard Ingle M* of the Ship called the Re-
formacon, severall parcells of goods & wares amounting to the
value of 200" to trade and in trust for yo" petic' But the said
Ingle contrary to the trust reposed in him by yot petic’, did sell
& dispose of the said goods & wares to his own vse, for recovery
whereof yo" petic’ hath brought his accon at lawe against the
said Ingle. But the said Ingle vpon a peticon p'ferrd vnto yo"
Lop’ vpon suggestion & p'tence that the said goods were iustly
taken from yo" petic’ by force of warr in the province of Mari-
land hath peured the order here unto annexed from yo" Lop*
whereby yo" petic’s suit at lawe is stayed vntill yo" Lop® haue
heard the said cause.
That yo" petic’ w* his Counsell hath at his great charge
attended severall daies for hearing the said cause, and on Teus-
day the 17 of this instant March the same comeing to hearing
before yo" Lop’, yo" Lop* were pleased to appoint ffriday the
27> of this instant March to determyn the same at wh day yor
petic’ againe attended w'" his Counsell, but the said Ingle vpon
the said false suggestion having obteyned the stay of yor petic's
suit at lawe did not attend according to yot Lop® order but
doth now neglect to :psecute his said peticon knowing the same
to be faigned & vntrue and in the meane time is gone or doth
indeavour to get out of the realme, whereby yo' petic’ is likely
to loose the benefit of his accon at lawe.
The humble suit therefore of yo" petic’ is That yo" Lop*®
would be pleased to appoint a peremptory day for the
speedy hearing of the said cause, yo" petic’ being al-
together vnable to beare the great charge of attendance
w‘ Counsell yo" petic’ being spoyld of all his goods &
ruyn’d of his estate by the said Ingle: or to take off the
Proceedings of the Council of Maryland, 1636-1647. 171
said restraint from yo" pet’ and to Leaue him to his House of
liberty at lawe, the same being only for such goods as [ors
were delivered by yo" petic’ or by his directions to the are
said Ingle heere in London as aforesaid by way of trade
or trust.
And yot petic’ shall daily pray &c.
Tho: Cornwaleys.
25 April 1646 p. 113
Mary fford.
To the right ho’ the Lords nowe in Parliament Assembled
The humble peticon of Mary fford widdow
Sheweing
That haueing peticoned yo" Lor?’ agt Thomas Conwallis con-
cerning his Stealing away of her children and carrying them
away into Maryland and seduceing them to popy and diuers
other fowle misdemeano™* comitted by him, and the matter
haueing bin one day heard by Councell on both sides at the
Barr and seitall witnesses examined, and it being of great con-
sequence that the rest of the proofes be heard, And for that
the said Thomas Conwallis keepes secret lodgeings that she
knowes not where to finde him, but heareth that he hath
peured an order for hearing of another cause before yo" Lo??s
vpon the 28" of this instant April:
Shee most humbly beseecheth, that the same 28" of
Aprill may be appointed for hearing and determining
of the matters of her said peticon ag* the said Thomas
Conwallis, and that hers may be heard first, least when
his is past he obscure himselfe, and soe those great
crimes be left vnpunished and the pet’ vnrecompenced
for her damage and sufferings in the losse of her
children, And that yo Los be pleased that notice
thereof being left with his Attorney may be a sufficient
serueing of him.
And yo' pet’ (as in duty bound) shall pray &ce
[Commission to Edward Hill.] oe
Whereas by a Comission from the right Honble Cecill Lord
Proprietary of the Province of Maryland to me Leon* Calvert
Esq bearing date the 18" Septemb 1644 at his Lorps ffort at
St Maries in the Said Province, I am authorised in Case of my
absence out of the Said Province to appoint Such an able person
as I Shall think fit to be his Lordps Governor of this S* Pro-
Liber B.
Liber A.
p- 142
172 Proceedings of the Council of Maryland, 1636-1647.
vince, And Whereas at this present I have occasion for his
Lordship’s Service to be absent out of the Said Province I doe
hereby revoke all former Comissions given by me to any other
person for the governm' of the Said Province And Doe Depute
and appoint Capt Edward Hill to be Governor of the s¢ Pro-
vince with the Same authority and power of governmt as I am
authorised by his Lordps Said Comission to Conferr upon him
And I doe further authorise the Said Capt Edward Hill to take
& Receive into his possession and Custody for his Lord:ps use
& his heirs all Stocks of Cattle rents of Land profitts and Cus-
tomes Escheats ffines fforfeitures and Confiscations by any way
and at any time due unto his Said Lord within this Said Pro-
vince of Maryland, and the one half thereof (Excepting of Stocks
of Cattle) I doe hereby authorise the Said Capt Edward Hill
as a reward for his Service to his Said Lordship to apply to
his proper use and benefit during the time of his government
of the Said Province, And also for all Stocks of Cattle belonging
to his Lordp there to be accountable to me for his Lordps use
and his heirs whenever I Shall demand the Same and untill his
Lordp Shall otherwise appoint Given under my hand and Seale
this 30 of July 1646 In Virginia
Leonard Calvert
locus + Sigilli
Locus Sigilli + Cecilius L? & Prop’ of the prouince of Mary-
Land & Avalon, L‘ Baron of Baltemore &c. To my Deare
Brother Leon: Caluert Esq’ To my trusty & well beloued John
Lewger Esq" my Secretary for my s* Pro: of Mary-Land & to
all others whom these doe or shall any way concerne, Greeting.
Know yee tht I doe hereby giue full power & authority to yo”
the s* Leon: Caluert, & Jn° Lewger, & to whom yo” Two shall
appoynt to demand & receiue, for my use all Rents, arreares
of Rents, proffitts, debts & other dues w'soeu’, w" belong unto
mee, eyther in Virginia or MaryLand. And to dispose there-
of, as I shall from time to time direct, & in default of such
direction, according to yo" best discretions, for my most aduan-
tage, untill I shall giue further order therein. And power allso
(if need be) in my name & behalfe to sue & impleaded, & by
any lawfull way (for the recouery of any of the s¢ rents,
arreares of rents, profitts, debts, & other dues afores*) to com-
pell, any p'son or p'sons who shall refuse to pay unto yo the
s* Leon: Caluert & Jn° Lewger, or to whom yo” Two shall
appoynt, what is or shall be due unto me from them, or any
of them soe refusing. And to giue Acquittances, in my name
& behalfe for what yo” shall receiue from time to time by
vertue of this warrant. w* acquittances I doe hereby declare
shall be as ualid agst me, my heyres, Exequuto® & admis-
Proceedings of the Council of Maryland, 1636-1647. 173
trato™ as if I my selfe had bene present & had signed &
sealed the same. Gyuen vnder my hand & seale att Armes,
att Hook, this 15°" Nouemb" Afio Dini 1646 Sig.
C: Baltemore
Ordinance for Maryland
L Baltimore
To bee sent to H. Comons
The Lords and Comons nowe in Parlyam! assembled being
informed by the Comissioners for forraigne Plantations, that
many of the Inhabitants of Maryland in America haue pe-
ticoned against the oppressions they haue vndergone vnder
the Tyrannicall goverment of that Province, since its first
setling by Recusants, whoe haue not only seduced but forced
many of his Ma‘: subiects from their religion, and that the said
Comissioners had considered of the Lres Patents graunted by
his Ma"* in the ight yeare of his Raigne to Cecill Caluert
Baron of Baltimore concerning the said Mary land, and of his
deputing of Leonard Caluerte to bee Governor there vnder
him, whoe receiued a Comission from Oxford to seize such
persons, ships and goods as belonged to any of London, which
the said Caluert and his Agents registered and proclaymed in
Virginia, and endeavoured to execute in Maryland, and that
one Brent the Deputy Governor had actually seized vppon a
ship employed vnder the Parlyament, because shee was of
London, and then tampered with the ships Company to take
an oath against the Parlyam‘ and to carry the said ship to
Bristoll then in hostility against the Parlyament: The said
Lords and Comons taking the same into Consideration doe
order ordaine and declare, That the said Cecill Caluert Lord
of Baltimore hath wickedly broken the trust reposed in him by
the said Lres Patents, and that it is convenient and necessary
that the said Lres Patents bee repealed and made voyde, and
doe hereby repeale the same accordingly and order and
ordaine that the said Cecill Caluert and Leonard Caluerte the
said Governor by him appointed, and the said Brent the
Deputy Governor, and all other Officers of the said Calverts
appointment bee removed and displaced; And that the said
Comission’ for forraigne Plantations doe take care according
to the trust in them reposed to nominate and appoint an able
Governor and other fitt Officers of the Protestant Religion and
well affected to the Parlyament to hold and execute the said
respectiue Offices and places in the roome and stead of the said
Cecill Caluert Leonard Calvert Brent and other the
Ministers hereby remoued And Bee it ordayned that aswell
the said newe Governor, and all other Officers soe to bee ap-
Liber A.
House of
Lords
Journal.
p. 142
House of
Lords
Journal.
Liber B.
p- 205
p. 207
174 Proceedings of the Council of Maryland, 1636-1647.
pointed, and made in all things that they shall acte and doe by
vertue of this ordinance, and all other psons that they shall
employ vnder them, or any of them in pursuite of this Ordi-
nance, shalbee for euer protected and defended by the power
and authority of both Howses of Parlyament, and shalbee
enabled to exercise and vse (in Case of opposition) all acts of
force and hostility, and such other power and meanes as they
shall finde convenient, and necessarie for the said premisses,
and according to such Instructions and direccOns either speciall
or Generall as shalbee given and directed by the said Comis-
sioners for fforraigne Plantations.
Sworn to the Oath of ffealty 1646 24 Jan.
_M* Lewger Nevett W™ Brough
M’ Gerrard John Nevill Thomas Thomas
Mr’ Green W™ Wright Walter Pakes
Francis Gray John Norman John Jarbo
John Hampton Rowland Maze M' W™ Eltonhead
John Hatch John Thompson John Mansell
Francis Pope Robert Edwards ffra: Posey
W™ Tompson Walter Broadhurst Jn? Wheatley
Mr’ Bretton James Walker W™ Hungerford
Nath: Pope John Hilliard Stephen Salmon
Thomas Sturman Henry Spink Thomas Petite
John Hollis W™ Perfaite Tho Mitchell
John Tue 17 Jan ffrancis Sherwood
Walter Beane John Gore
Nath Jones
: [Proclamation of Embargo.]
16 By his Lordps Lieutenant & Gov" of Maryland
Upon certain reasons known unto my Self requiring an
embargo to be laid at this present upon all persons vessells
and to the end that noe Intelligence may be comunicated or
practice entertain with fforraigners during this time of
war I doe hereby forbidd all persons now being in the County
of S* Maries, that they presume not to goe or attempt to goe
out of the County of St Maries without acquainting me first
therew and my Leave Soe to doe and that noe person enter-
tain any Communicacon or give any entertainment to any one
comeing into the Province or from the Isle of Kent but that
Imediatly after the knowledge of any arrival of any person or
Vessell Comeing into the County of St Maries they give notice
thereof to me as Soon as they may and warn all persons Soe
arriving to come to the the ffort to me afore they entertain any
Proceedings of the Council of Maryland, 1636-1647. 175
Communicacon with any pson person of the province, This
proclamacon to be in force in every hundred imediatly after the
publishing hereof in the hundred and to continue in force for
one Month from the date of it, and all men after publication
to take notice of it and observe it in every point Soe far as it
Shall concern them upon pain of death or Such other Censures
as the Offence Shall deserve in the Judgmt of a Martiall
Court, assuring all persons that I intend to take a very Strict
account of all Offences to the Contrary thereof Given at St
Inego’s ffort this 16" January 1646.
Renewed for one Month more 1 2" ffebr 1646, especially pro-
hibiting export Cattle or Corne
18 The Charge of his Lordps Attorney agt Thomas Stur-
man John Sturman ffrancis Gray John Hamton
Robert Smith ‘Tho: Yewell
1 That Since they were lately pardoned by two Several
pardons one after another of the crimes of Rebellion and Sedi-
tion, they the Said Delinquents, or Some one or more of them
have Secretly fled out of the Province by night, & made resort
and assembled themselves together at the house of one John
Mottram, and with others of Checkacoan notorious enemies to
the Lord Propriary and his governmt' here established and on
the thirteenth ffourteenth fifteenth and Sixteenth days of this
Instant Month of January or Some one or more of them, have
at the place, and with the enemies of the Province aforesaid,
used divers Speeches and practises and hatched & Complotted
divers Machinations and Conspiraces ag* the person of Leonard
Calvert Esq now Gov‘ of the Province and for the entring into
the Province by force as enemies and robbers to destroy the
Inhabitants and the Cattle, and to burn & fire the Country
afore them, and all the rest of the S* delinquents have been
privy and accessary (afore) to Such Speeches practises and
dessignes.
2. That In further pursuance and execution of the Said
Rebellions and hostile dessigns, That they the S* delinquents
or Some one or more of them, have used Speeches and news
at their returning into the Province on the 17 Jan: Last, tending
to the publishing and advanceing of another right and title to
the Dominion and propriety of this Province then the right and
title of the Lord Baltemore, viz' publishing and proclaiming in
triumphing Manner, that one Cap' Wyatt was comeing in with
Comission from the parliam' for the Governm‘ of this Province,
and that divers Ships were in the bay to that end, as likewise
Liber B.
p. 208
p- 209
Liber B.
p. 210
176 Proceedings of the Council of Maryland, 1636-1647.
Spreding news at other time that Capt Clayborne had likewise
Comission for the Governmt and was come up with 50 men to
take the Governmt or at least to Support the Rebellion of Kent
which divers other Speeches and news tending to fright the
people & divert their Obedience from the Lord Propr.
3: In further pursuance and Execucon of the Said Rebellious
and hostile dessign and the better to cover and Execute the
Same, they the Said Delinquents or Some one or more of them,
come by night into the Province, and drive and carry away the
Cattle of the Inhabitants, as enemies and Robbers, and Some
of them they kill and convey over to the residue of their Con-
federates as aforesaid, and all the rest of them are privy and
accessary to Such Robberies and hostilities
And thereupon his Lordps Said Attorney prayeth that
the Said Several Delinquents now in prison, may be
Judged for the Said Several Crimes, to be banished out
of the Province, as persons incorrigible and desperate
for the Loyalty and peaceable demeanour, and all their
goods to be Confiscated to the Lord Propriary, and
their Lands to the Several Lords of whome they are
Imediatly holden, and that their persons may be kept
in Close prison untill means may be provided for their
transport, And that the rest of the Said Delinquents
not being now to be found may be proclaimed to render
themselves to the Sherriff within ten days after notice
thereof upon perill of being proceeded agt in their ab-
sence, & forfeiting all their Lands and goods as af#
Jo: Lewger.
The Examination of Edward Thomson taken 18% Jan'y 1646
before the Governor.
This Examinant Saith that being at his house in Chickacoan
on Wednsday last, one Sam: Tailor comeing into the house
and being ask’t by this Exaiant what news abroad Replyed
the Speaker (meaning ffrancis Gray) had Spoke once again,
and that they that were the Chief cause of entertaining the
present Gov' were aimed at and their death vowed (nameing
Capt Price and Thornbury and Hebden) but that there was a
party that would goe over from this Place (Meaning Chickacoan)
Soe Soon as the Governor is gone to Kent or where else they
can gett an opportunity to goe over & w fire and burne and
destroy all that they can.
By his Lords Lieutent
_ You are to informe your Self by all means you may (Yea if
it Shall be needfull) by the Oath of any persons or :psons other
Proceedings of the Counctl of Maryland, 1636-1647. 177
then the parties themselves, what goods imported Since the Liber B.
last meeting of Assembly have been Sold or vented within St
_ Clements or Newtown hundred by Ralph Beane or any other
and what Inhabitants of those hundreds have been aboard the
Vessell of the Said Ralph Beane Since her last comeing out of
Virginea and to certifie unto me the names of all Such persons,
and the Sorts and quantities of all Such goods as have been
vented as afores'— And further to inquire in mafier as afores*
what quantities of wine or hott waters have been vented by
the Said Ralph Beane or any other Since the S* Vessell’s Last
comeing as afores* and if you find that any has been vented
then you are to Seize and bring to S' Inigo’s ffort All wines
and hottwaters imported by the S¢ Ralph Beane or any others p. 211
as aforesaid, And you are further to require the Said Ralph
Beane and all other persons intending to freight any Tobaccos
out of the Province upon the Said Vessell, that he or they doe
either come to the ffort to discharge or Secure the Custome,
or else that they bring the Said Vessell under command of the
ffort and there lade their Tobacco’s upon perill of forfeiting all
Tobacco’s which Shall be laden otherwise as attempted to
be exported afore the Custome discharged or Secured, And
you are to execute this precept very diligently and exactly and
to make return of every particular as Soon as you may, Where-
of fail not and this Shall be your warrant Given at St Inigo’s
ffort 19% Jan'y 1646. To Mt W™ Bretton
Janty 19, Thomas Sturman ffrancis Gray John Hampton
& Robert Sedgrave & John Sturman doe each of them Severally
for himself acknowledge themselves to owe unto the Lord
Propriary two thousand w' Tobo in Case they Shall attempt to
goe out of the County of St Maries without acquainting the
Gov' therew" afore or Shall entertain Secret Comunicacon or
intelligence w* John Mott Thomas Yewell Thomas Lewis or
Rob‘ Smith or any person comeing from them or any of them,
or Shall harbour them or any of them, or Shall know of any of
their Comeing into the parts where he lives, and Shall not as
Soon as he may give notice thereof to the Governo'
Mark of T Tho* Sturman
ffrancis Graye
John Hampton
Ro: Sedgrave
John Sturman
Capt John Hamton to the Interrogatory of William Lewis
Saith upon his Oath that he knoweth not any of W™ Lewis
now possessed by any in the Countrey.
Liber B.
pazie
Przis
sci Biante Veen SNL
178 Proceedings of the Council of Maryland, 1636-1647.
By his Lordps Lieutent of Maryland.
Whereas Robert Smith Thomas Yewell and Thomas Lewis
being Inhabitants of this province have Secretly fled fled out
of the Province, and adjoyned themselves to persons hostiley
affected against this Province, and doe hence return into the
Province by night as enemies and Robbers, and kill and Carry
away the Cattle of the Inhabitants, These are to Summon the
Said Robert Smith Thomas Yewell and Thomas Lewis to
render themselves to the Sherriff of St Maries County or at
St Inigo’s ffort afore the 4 ffebruary next upon perill to be
proclaimed Rebells and Robbers and as Such to be proceeded
agt both themselves and all persons and Communities (yea
throughout of the Province) that Shall harbour them or any
Of them after notice hereof.
Jan 19 You are to Search at St! Inigo’s house for all goods
belonging to other then the present Inhabitants within the
house and to take into your possession, all goods there found
upon Mr Copleys Land, but what the Said present possessors
of them Shall averr by Oath to have been their own proper
goods and not to have belonged to any of the Inhabitants on
the 14 ffebr 1644 or Since, And Such as Shall make claim to
any Such goods by Gift Sale, depositation trust or Otherwise,
you are to warn to be at the Court on 4" ffebr next, to Shew
Cause why Such goods Should not be restored to the owners,
And return an Inventary of all goods as Shall be taken into
your Custody by vertue hereof And this Shall be your warrant.
L- Calvert
To Lieutent W™ Lewis.
20 The return of William Lewis of the warr' Supra Received
of M's Baldridge at St Inigo’s house
1 Copper Kettle of M* Copley’s — 1 brass ladle — 4 traes
— 5 pewter plates — a pewter fflaggon — 1 pt" of great iron
andirons — 1 doz of thin Cheese trenchers in a box — Six
pictures 1 lether Stool & 1 lether Chair a Chest of drawers.
Left in the house.
3 tables and all the bedsteeds in the house belong to M*
Copley:
In the Smith’s Shop:
a pair of great Smith’s bellows, a Great Anvill & becorne—
a Small Anvill—a great vice—a great hammer—Other Small
tools belonging to the forge, 40 plates of a Cart wheele.
Proceedings of the Council of Maryland, 1636-1647. 179
21—warrant to William Lewis to Summon all Inhitants of St Liber B.
Clements & new towne hundred to pay rents & head
corne at the ffort afore 4 ffebr next pill distress & Charges.
29 Janty William Lewis returned Summoned Rich? Banks,
William Thomson, Jo Medley, W™ Asiter, Walter Beane, Ja
Johnson: M° Britton M* Gerrard, Rich Nevitt Jo: Mansell:
L. Baltimore. House of
Lords
* se : Journal,
The Buisiness of Mary land to be moued in y* Lords house for p. 154
allowance of the witnesses in the Ad‘® Court.
Exped.
May it please yo" Lop
To Moue
That the examination of the witnesses taken in the Adm'Y
concerning the buisinesse of Maryland be ordered to be read &
allowed at the hearing of the Lo: Baltimore in the Lords
house.
That Capt. Ingle being now gone to sea it may be ordered
that his affidauit taken before a Master in Chancery may be
allowed.
And alsoe that Tho: Stagg & Jame Baldridge & Capt.
France Pott be Comanded to attend the house as witnesses the
28" of this Moneth being the sixt day for the Lo: Baltimores
hearing by order of their house.
Warrant to Capt Price to take all boats in hundr New Town Liber B.
or St Clements not capable to be made use to the breach ” **3
of late Proclam: and to drive all Cattle in St Clem: hundred
belonging to others them possessors only 2 or 3 to dispose to
Barth Philips and to distrain Mann’ Walgrave 12 barrell Corne
arrear 3 yea:
Assurance to Robert Smith and Tho Yewell by the Govern"
to pardon them all offences past to this day if Submitt afore 4
ffebr and to take Oath of ffealty
January 27" 1646 Eee B
P. 14
Assurance to Robert Smith and Thomas Pewell by the Gov-
ernor to pardon them all Offences past to this day if Submit
afore 4 February and take Oath of Fealty
in eee Tee
Ck ae
180 Proceedings of the Council of Maryland, 1636-1 647.
Liber B. 29 John Sturman W™ Hardige & ffrancis Gray licensed to
Pai. Zoe over to Chickacoan Soe that upon their return one of them
come to the Governor within 24 hours.
Liber C. B. February 4° 1646
. 148
a5 The Governor repealed the Power which he formerly Gave
to M' Bretton Clk for signing of writts and administring of
Oaths
p. 166 February 4" 1647
The Governor repealed the power which he formerly Gave
to M' Bretton Clk for signing of writts and administring of
Oaths.
Liber A. March. 4° The Gouerno' repealed the power w™ he formerly
P44 cave to M* Bretton Clk, for signing of writts, & admistring of
oaths.
House of 4 March 1646
Lords ;
Journal. Lo Baltimore
p. 162
To the right Hono”* the Lords in Parliamt assembled
The humble peticon of Cicill Lord Baltemore.
Sheweth,
That whereas there is an ordinance dependinge in this
howse for repealinge of his Pattent of Maryland, vpon w®™
place hee hath ingaged the greatest parte of his fortune. That
as hee hath heard and supposes, it is for some accons p’tended
to bee done by others vnder him there, but hee doth not yet
knowe the spticulars of the chardge intended to bee layd
against him, nor whoe are his accusers. That betweene March
and June next there is expected as is yearely vsuall a returne
of Shipps from those parts, by some of w® Shipps hee expects
some persons to returne, whose testimonies may bee necessary
for his Lustificacon.
Wherefore hee humbly prayes that this hono®* howse
wilbee pleased to order, that hee may haue the pticu-
lars of his chardge deliv'ed to him in writinge, and that
hee may haue a convenient tyme afterwards giuen him
to prepare for his defence in a busines w™ soe neerely
concernes his inheritance, and that the ordinance may
in the meane tyme bee suspended till hee bee heard.
And yo" pet" shall pray &°
C. Baltemore.
Proceedings of the Council of Maryland, 1636-1647. 181
4. Martij 1646.
Pet” of the London mch'*s
trading to the Plantacons
Dt 8 Feb. 1646
To the right hono” the Lords in Parlyament assembled.
The humble Petition of divers Marchants of the Citty of
London, trading to Virginia and other the English
Plantations.
Sheweth
That whereas an Ordinance is depending, and hath past this
hono" Howse for the making voide and repealing of the Letters
Pattents graunted to Cecill Lord Baltimore of the Province of
Maryland neere to Virginia for the reasons exprest in the said
Ordinance.
And whereas vppon two or three Petitions of the said
Lord Baltimore vnto this Hono” Howse, that hee might
haue a hearing of his Cause, there hath been seuerall
dayes appointed for him to bee heard at this Barr by
his Councell.
Nowe forasmuch as the said Lord Baltimore and his Agents
haue not only acted horridd things in that Province as Papists
and Enemyes, but alsoe haue binn interest in a Comission w‘"
tearmes the hono? Parlyament Rebells, and to sease the Estates
of Londoners, which hath bin soe cleered to the Comitty of
Plantations, as may render an opinion that his Petitions are
rather heere presented to protract and delay time, then truly to
obtaine a hearing, and this bussines is not only of publicke
concerment to this Comonwealth, but to all the Planters and
Traders into those pts of Virginia and Maryland.
Yo' Petitioners doe therefore most humbly pray that
the said Ordinance may bee sent to the Howse of
Comons according to yo" Honors first intent.
And the Petition’ shall euer pray &c
Maurice Thomson Oliuer Clobery James Stetry
Tho: Deacon Geo: Fletcher W™ Pennoyer
W™ Jhonns Robt Lewellin Rich? Chandler
Tho: Janorcije Anthony Pennyston W™ Travers
Richard Flouers Rich? Allen Richard Phillipps
Charles Culley Tho: Gower John White.
Oppose the same, to the uttermost of my power soe long as
I shall be a member thereof; Soe help me God &c:
Jurat Coram Leon: Calvert. Aprill 16 Anno Dni 1647.
House of
Lords
Journal.
p. 162
Liber A.
L.O.R.No. 2
p- 191
Liber A.
L.O.R. No.2
p- 192
182 Proceedings of the Council of Maryland, 1636-1647.
Robt Vaughan John Malham ffran: Lumbard Zach: Wade
Tho: Bradnox Tho: Pott ffran: Brookes Rich Cotsford
Edw: Comins Rob! Short Joh: Ayres Walter King
Edm: Lennin Walt. Joanes
By the Generall of Maryland.
Grall Pardon
att Kent Whereas the Inhabitants of the Ile of Kent
Tho: Bradnock Edward Comins, John Malham, Thomas Pott,
Robert Short, ffrancis Lumbard, John Ayres, Zacharias Wade,
Richard Cottsford, Edmund Lennin & Walter Joanes have
taken the Oath of ffealty to the Rt Honble Cecill: Ld Baron of
Baltemore Ld Prop of this Province & submitted themselves
againe to his Ldps Government, I doe hereby in his Ldps name
by Vertue of his Commission in th‘ behalfe to me directed,
Publish and Grant unto every and singular the above named
persons an absolute and free pardon of & for all Crimes of
Rebellion, or other offences whatsoever of what Nature soever,
Committed within this Prov: at any time heretofore to this
present day. And of all losses of life, lands, or Goods & of
all other penalties whatsoever any way incurred by the said
offences, or any of them Given at the Ile of Kent this 16" day
of Aprill Anno 1647 Leonard Calvert
Comiss” for the
Comder, of Kent Know all men by these presents that I
Leonard Calvert Esq Governour & Capt Grall of the Province
of Maryland under the Rt Honble the Ld Prop* of the Same,
reposing especiall trust & confidence in the fidelity; & prudence
of Robert Vaughan Gent by vertue of his St Ldps Commission
authorizing me thereunto; doe Constitute ordaine & appoint
the Said Robt Vaughan to be Chiefe Capt & Commander under
me his S* Ldps Grall of all the militia of the Ile of Kent; &
wis to Command & Exequute whatsoever Shall be by him
thought requisite for the defence of th® said Island, against all
intestine Mutinys or Sedition that shall happen within the s4
Iland & ag* all invasion of any forreigne Enemy whatsoever:
And I doe also athorise him the said Capt Robt Vaughan, to
constitute and ordeine under him all such officers for Military
Service as he shall think requisite. And to inflict such punishmt
upon all offendo® under his command agst Martiall discipline
as the Nature of the offence shall deserve according to the Law
Martiall, Provided tht where the offence shall deserve the for-
feiture of either life or member, that such offendo' be referred
for his triall & Judgm* to the Provinciall Court to be held by
his Lordships Governo' & Council of this Province. And I doe
further authorise the s' Capt Robt Vaughan to award all process
Proceedings of the Council of Maryland, 1636-1647. 183
necessary according to the Law & Custome of this Province Liber A.
for or concerning all actions civill & Criminall within the s¢ &0-®:No-2
land of Kent. And I doe authorise the Said Capt Robt Vau-
ghan, W™ Coxe Thomas Bradnoxe, Edward Comins, Phillip
Conner & ffrancis Brookes Gentlemen or the major part of them
whereof the s* Robt Vaughan to be always one to hear try &
ludge according to the Lawes of Province all actions & Causes
Civill w* shall happen between party & party within the said
& to award Exequution upon the same Excepting when
the ffreehold of any one Sh come in question.
Provided tht it shall be Lawfull for any one, at any time be-
fore Exequution Served to appeale from the Iudgm’ unto the
Provinciall Court of this Province. ‘The Appellant first putting
in Sufficient Security to the Court from whence the Appeale
is made, for treble damages to be Satisfied to the adverse party p. 193
in the Cause; in case he be cast in the Provinciall Court in the
S* Cause. And I doe authorise the said Capt Robt Vaughan,
& his assistants before Mentioned or the Major part of them
whereof the said Capt Robt Vaughan to be alwaies one to hear
& Iudge according to the Lawes of this Province all Crimes &
offences Committed within the S* Island & to Cause Such
Sentence, as shall be given by them therein to be Exequuted
Excepting where the life or Member of any person shall come
in question. And I doe hereby require all the Inhabitants of
the said Island of Kent to acknowledge & obey the S* Capt
Rob‘ Vaughan, Will™ Coxe, Thomas Bradnox, Edward Comins,
Phillip Conner & ffrancis Brooks Gent in the Severall Com-
mands & authoritys, hereby Committed to them, as they will
answer the contrary at their perills. Given at the Isle of Kent
this 18 of Aprill Afio 1647
Leonard Calvert
By the Governo? &c:—
These are to require you so soon as you may to Cause all
such lands, Goods, & Chattells, as are belonging unto any of
the late Rebells on the Iland of Kent, & fled from thence, or
th' is yet remaining in the S* Iland, & hath refused to take the
oath of ffealty to his Ldp to be attached & kept in safe Cus-
tody by Some officer to be appointed by you, untill Every of
the S‘ psons respectively shall appeare before me & the Coun-
cell of this province att St Maries to answer their Severall
Crimes of Rebellion, & refusall of the S¢ Oath. And abide
~Iudgment of Court therein. Given at the Ile of Kent Aprill
207 Ane 1647
Leonard Calvert
To Cap' Robt Vaughan & the rest
of the Commission’ of the Ile of Kent.
CECILIUS CALVERT, LORD BALTIMORE,
Proprietary.
THOMAS GREENE,
Governor.
1647-1648.
June 10. M’ Margarett Brent deposeth tht the late Gou- Liber A.
erno* Leonard Calvert Esq being lying uppon his death bed, &
did by word of mouth on the Ninth of this month nominate
Thomas Greene Esq Gouerno' of tht Prouince of Maryland.
ffrancis Anketill being p'nt att th’ same time deposeth idem
M* Mary Brent deposeth idem. being p‘nt att tht same time.
James Linsey being allso p't deposeth idem
Teste
Willm Bretton Clk
June 10. Whereas by Commis" from the Rt‘ hon? Cecill L¢
Prop’ of the Province of Mary Land to the late Gouerno'
Leonard Calvert Esq. bearing date the 18'* Septemb* 1644 att
his L»s ffort att St maries in the s‘ Prouince: Hee the s¢ Leon:
Calvert was authorized in case, hee should happen to dye, or
be absent from time to time out of the s¢ Prouince to nominate
elect & appoint, such an able person inhabiting & residing,
w'tin the s* Prouince (as he in his discretion should make
choice of & thinke fitt) to be Gouerno' of the s* Prouince.
These are therefore to publish & declare to all p'sons whom it
may concerne, th‘ the st Leon: Calvert did by word of mouth
on the Ninth day of June 1647 (lying uppon his death bed, yett
in p*fect memory) nominate & appoint Thomas Greene Esq‘
one of th® Councell of this Prouince, to be Gouerno' of the
same; wall the same authority & power of gouerm! as he
the s* Leonard Calvert was authorized by his Ls Commis to
conferre uppon him. Ass by the oaths of M® Margaret & Mary
Brent, ffrancis Anketill, & James Linsey (who were all then
p'sent w"" him att th® same time) is auerred to be true.
Teste me Willm Bretton Clk.
June 12% Whereas for certaine crimes formerly committed
John Dandy amongst other penalties was adiudged to be
publique Execution’ w'tin this Prouince. Vppon the good
behauio™ of the s* John Dandy, & for many good seruices
performed by him behauing himselfe eu’ since uprightly, for-
ward & willing in the undertaking divers matters for the good,
& safety of this Prouince, to the uttmost of his power. And
especially expressing a speciall readines & faythfullnes to the
late Governo’ Leonard Calvert Esqt the s* L. Calvert did
promise to remitt the s* John Dandy from all former penalties,
-O.R. No, 2
I
Pp» 194
Liber A.
p- 62
188 Proceedings of the Council of Maryland, 1647-1 648.
Liber A. incurred w'soeu' But being prevented by Death. Thomas
Co
Greene Esq his L?* Gouernot is hereby willing to confirme the
same. And doth hereby acquitt the s? John Dandy from all
such penalties & censures.
Tho: Greene
[Letter of Edward Hill.]
Honored S**
June 22 I doubt not but yo" are familiar, to such unhappy
passages, aS were the first inducem*s to mee, for the enter-
tainem' of the gouerm' of Mary-Land. And allthough the
spetious pretence of tht clause of (absence) in the Gouerno’
Commis was the whole pretended title of a reinuation. Iam
confident it would not be held sufficient to the usage of force
(euen by his L*) agst his L** gouerm‘ then instated one me for
these ensuing reasons.
first. The late Gouerno' being out of the Prouince had not
power to grant Commis® for to rule them.
sy His L’s Counsell had then the immediate power, in the
Election & choyce of a Gouern" w as the state of things then
stood, they supposed it absolutely necessary for the safty of
the Prouince to confirme mee independent of any contradiction
but his L? and this by Assembly.
3 If the late inuasion should be held lawfull, 1 doubt not
but yo” are sensible to what a slauery the Kings freeborne
subiects & soe consequently yo'selfes are inuolued in when
the single power of the Gouerno" should disanull his owne,
and the country’s Act, by a Countermand, his owne, I say,
though acted by another person.
Gentlemen I presume uppon this to make this position, th‘
the gouermt of the s* prouince is as inherent to mee, till his
L»s pleasure be further knowne, as his L’* right in the s* Pro-
vince, or as yo” his Counsell. What insufferable losses both of
fortunes, & creditt I haue sustayned,I doubt not, but report
hath brought it to yo” But inducem' of freinds w'* the
throngs of those, tht haue bene ruinated by the uniust breatch
of the Composition are dayly clamarious in my eares. Soe tht
euen Justice, if not creditt, or losse will force me, I feare, to
some strange ouerture in tht busines. I am alltogether unwill-
ing to moue the stone violently, what inundation, losse, &
ruine it will produce to the whole, I am not ignorant of, I had
rather some moderate way were taken for the satisfaction on
all sides. Occasion (by the death of the late Gentl") is now bald
all discontents may be easily pacifyed, & brought to good
tearmes of qualification Peace may breath a quiett possess"
unto them, & every one there resident. But if the storme
once breake out, it is to be feared, tht proceeding from such
ce Sa
Proceedings of the Council of Maryland, 1647-1648. 189
an influence, of discontent th, it may ouerwhelme the whole. Liber A.
S's in this there is only difference in the p'sons of the Gouerno"
not his L* title infringed, nor the peace soe tht yo” may be
confident, it may be acted, w out euill or the punishment
thereof, w will happily fall on the Opposers. Howsoeut
(since St Will™ Berkeleys Irés nor my owne, can procure a
priuate right but by Attorney) I haue little hopes to preuaile in
this busines of such concernmt yett thtI might giue a fayre
demostraon to the world, & his L? of all proceedings, I haue
adventured to wright thus much unto yee his Counsell. And
in all freindly loue request yo' answere. I would to the utter-
most of my power indeauo' the safety of the prouince under
his L? If it faile for all tht I know yee may be blame worthy.
ffor others of humo different from mine, priuately embrace a P- °9
parliamentary influence, w may proue fatall to the whole.
Gent” I leave this to yo" consideration. And rest.
Yor very lo: ffreind
Checakone the 20" of Edw: Hill.
pune O47.
Gentl.
Post script. J haue stopt my returne to Virginia in expectation
of yo" answere w*" I hope will bee spedy. And in th' uery
curtesy I shall rest thankfully yo™
Edw: Hill.
Endors. To his hon‘ ffrends Mt Thomas Greene
& Cap! Giles Brent these p'sent.
[Answer of Governor Greene. |
St
Whereas yo" uaine claimes of right to this gouerm' are
grounded uppon this false pretence. That the late Governo*
being out of the Prouince, & not nominating one in his steed,
The Counsell residing in the Prouince had full power &
authority to elect & chuse yo” w® is euident they had not, as
the words of his L?* Commis® plainely shew, ffor the words of
his L’s Commis" in breife are these. That in case o* Leiu‘ shall
happen to dye, or be absent out of the Prouince; & shall fayle
to make choyce of some p'son to be o* Leiut &c: Wee doe
grant to o' Counsello* full power in such case to elect such an
able person, inhabiting & residing w'*in o* st Prouince, w°
shall be one of ot Counsell there. w* I presume yo” are none
of. If yo” are, wee understand it not as yett. As for yo*
menacing us w" dangers & feares, we regard them not, desyr-
ing yo” in curtesy, if yo” please, to desist from such unlawfull
wayes. The Gouerm' is now lawfully instated uppon mee,
Liber A.
Pp. 72
190 Proceedings of the Council of Maryland, 1647-1648.
one of his L’* Counsell, whose right & title Iam resolued (god
willing) to defend & mainteine w" all tht is deare unto me, my
life. The rest of yo" kind threatning Ire, I passe it ouer as not
regarding it. Only this I say th' if his L? shall appoint yo” to
be his Gouerno* here (to whom I heare yo” haue written to th'
purpose) after his L*s significaon therein I shall readily resigne
unto yo” But your boasting threats, & other uaine perswasions
shall not easily allure me to it. before his L** pleasure knowne
therein. I rest
Yor freind
St Inegos ffort this Tho: Greene
21 June 1647
Edors. To Cap, Edw: Hill These p'sent.
[Letter of Gov. Greene to Gov. Berkeley.]
Hones:
Yor Irés dated the 12 June last, & directed to M* Caluert
came unto my hands. the s* M* Caluert being dead some few
dayes afore. Who substituting mee in his steed. I make this
answere to yo" request in the s‘ lre concerning Cap! Hill. Who
much w'out reason, seemes to suspect & doubt the Justice of
this Court. And whereas S‘ in his behalfe yo desyre he
should be satisfyed in what shall be iustly dew unto him. I am
confident neuer was, nor euer would haue beene denyed him
by the noble Gent" deceased. w‘*out any such sollicitadn from
yo” Nor shall Cap! Hill, 1 hope, euer haue iust cause of clamour,
fer any thing uniustly detayned from him here, soe long as I
shall haue any interest in the gouerm! of this Prouince. And
these are humbly,to intreate yo” to take some effectuall course
tht Capt Hill may not by his euill designes & practises proceede
to disturbe his May the Kings peace here; of whose uniust &
wicked designes of inuading this Prouince, by the way of
Chicacoan & Appamatucks w“ some other forces to be drawne
out of other parts of Virginia wee haue dayly credible infor-
maon, by others, & of late expressions of his owne sent unto
us under his owne hand from Chicacoan to th‘ purpose. ffor as
I would not willingly this Colony should be further imbrewed
in the effusion of blood, if it may bee auoyded; soe likewise I
will not be understood soe unresolued as not to bee fully deter-
mined to giue him his due, & deserued punishmt when euer
wee shall be inuaded by him. The gouermt of this Prouince
under his L® being now lawfully instated uppon mee, by the
nominaon of M* Calvert att his death. Iam resolued by Gods
helpe to defend & meintaine, though itt bee w the hazard &
ruine of the whole rather then to yeeld the least Iota of his L»s
Proceedings of the Council of Maryland, 1647-1648. 191
right & tytle here, soe clearely due to him, to the will & malice
of such rebellious spiritts: & shall not doubt but the aduiso’
abetto’s & euen the most priuate suggesto"™ as well as the open
actos of such outrages, will in their due time bee brought to
light shame & confusion. Thus in a confident exspectaon of
some speedy stay by yo" Authority to these intended mischeifes
of Cap! Hills, uppon this Colony so much recommended to yo"
protection & assistance by his Ma's lrés. I rest,
Yo" humble seru'
Tho: Greene.
Edors,> To the R' Hon"? S' Will™
Berkeley Kn‘ Gouerno*
of Virginia these p'nt.
{Commission to John Price.]
Locus + Sigilli Whereas sundry the Inhab* of this Prouince
haue susteyned diuers great losses in their estates by the
Indians of Nantacoke & Wicomick (enimies of this Prouince)
who making incursions here, haue assayled & sett uppon diuers
the Inhab's of this Prouince afores* exequuting (as far as in
them lay) their barbarous intentions & mischeifs. And whereas
diuers insolencies, rapines, murthers, & other barbarous cruelties
haue bene committed committed by the fores* Indians, uppon p»,
diuers the Inhab's of this Prouince by the way of trade. And
whereas likewise uppon satisfaction to be gyuen by the Indians
afores‘ the s* Indians haue had diuers ouertures of Peace made
unto them, by the late Gouerno’ who not w' standing still
persist in their wicked, & barbarous intentions towards us. By
uertue of his L?> Commis? in th' behalfe granted to his Gouerno'
for the time being bearing date att S‘ Maries ffort Ano 1647.
18 Septemb’ I doe hereby authorize Capt Jn° Price to take 30
or 40 such able men, as he shall thinke fitt, & make choyce of,
for tht purpose, w sufficient Armes, prouision, & Ammunition
& them to imbarke in such Vessell or Vessells, as he the s¢
Cap' Jn° Price shall thinke fitt & conuenient: And w" the s@
men to goe ou‘ unto the Townes & Plantaons of the Indians of
Nantacoke & Wicomick afores* lying to the Eastward of this
Prouince, & then & there to imploy his uttmost endeauo’, skill
& force, by what meanes hee may, in destroying the s* Nations,
as well by Land as by water; eyther by killing them, taking
them prisoners burning their howses, destroying their Corne,
or by any other meanes, as (in his best discretion) he shall iudge
conuenient. And I doe hereby requyre him the s* Capt Jn°
Price, tht hee make noe destribution, or diuision of any plunder,
or pillage w'soeuer w™ shall be gayned, or taken by any soldier
or soldiers, during the s* uoyage, from any the fores* Indians,
Liber A.
P- 75
Liber A.
P- 93
192 Proceedings of the Council of Maryland, 1647-1648.
untill hee shall arryue att St Inegos ffort, & there gyuen a uist
acc' of all such plunder, or pillage afores‘ to mee, or some other
whom I shall appoint. And I doe further declare the s* Cap*
Jn° Price to be cheife Capt or Comder of all such forces, as hee
shall take w" him, during the s‘seruice. Gyuing him the s°
Capt Jn° Price full power & authority hereby, to appoint such
Officer or Officers, for the good ordering & managing the s*
seruice intended, as hee (in his best discretion) shall iudge
needfull & conuenient. Requyring all & euery one (who shall
goe along w him) to be ayding & assisting unto him the s*
Capt Jn° Price uppon all occasions w'soeu' in the qual’ of cheife
Capt or Commander uppon payne of such punishm‘ & censures
to be inflicted uppon them & euery of them, as such contempt
& disobedience in the iudgmt of a Martiall Court shall deserue.
Gyuen att St Inegos ffort under my hand & the seale of the
Prouince this 4" July Ano. 1647.
Signed. Tho: Greene.
To Cap'ain® Price,
The deposition of M: Thomas Bradnox aged fowerty yeares or
there abouts; taken this 11'* of Septemb™ 1647:
This deponent affirmeth vppon oath: That M" Nathaniell
Pope, when he was sent as Agent from the Gouerno" of Mary-
Land, did as much as he could to animate the people to
auoyde the Iland, and that if they would come and liue at
Apomatocks, he made noe question but in shortt tyme to get
strength enough to get the Country againe, and that they
might insure them selues, that the tobbacco w“ he demanded of
them at that tyme, he would assuredly haue: for he was a
comeing vpp as soone as they returnd w'* a great Company
of Souldiers: And ffurther this deponent knoweth not.
sign
Thomas + Bradnox
Jurat coram me Robertus uaughan
Concordat cum
originale: Teste me
Robt Clarke Clk
The deposition of M* Edward Comins aged about fowrty yeares
or there about, taken this 11" of, Septemb: 1647:
This deponent affirmeth vppon oath: That M* Nathaniell
Pope when he came vppon the Iland, as Agent for the Gouer-
nor of Maryland, sayd that though the Gouern' made lardge
promises, vnto vs, yet they should find, that there would
Proceedings of the Council of Maryland, 1647-1648. 193
nothing be performed by him, but to be meere delusitions, and Liber a.
if they did not stand trew harted one to another, they would
be betrayed: And ffarther this deponent sayeth not:
sign
Edmond . Comins
Jurat coram me Robertus Vaughan
Concordat com originale
Teste me Robt Clarke Clk
Sept: 15 It is this day ordered by the Gouer" that this oath p. 86
ffollowing be administred to all persons that haue had any
hand in the late Rebellion heere, when euer they shall come
into the Prouince and that the Cap‘ or Comander present of
the fort is hereby Authorized and required to administer the
sayd oath to all such persons coming in as aforesayd and
further the sayd Capt: or Comander shall take into his poses-
sion and keepe in safe Custody, w'"in the ffort all such armes
and amunition as any of them shall bring w'* them at thire
comeing into the Prouince, and see them safe deliuered vnto
them againe when they shall depart, the sayd Prouince. And
this as often as any of them shall come or goe from hence:
The Oath Yo" shalbe trew and ffaythfull so long as yo” shall
remaine in this Prouince as often as yo” shall returne into the
same to the Right Hono” the Lo: Proprietary of this prouince
and his heires Lo™s Proprietaryes of this prouince and to
his Gouert Thomas Greene Esq‘ and his lawfull substitute
or successor Gouer' of the prouince for the tyme being:
And all Conspiraces and practises as yo” shall know or here of
against them or any of them yo” shall resist to yo" power and
reueale the same to them or some person in Authority under
them. win 24 howers or sooner if yo” may: And yo” shall
not vse any meanes or perswations directly or indirectly to
draw any of the Inhabitants of this Collony to forsake the
Prouince So helpe yo” God and the Contents of this booke.
epi hs. By the Leiftenant Generall p. 87
Wheras diuers of the Inhabitants of Appomatocks and
Chickacoon, haue seuerall suits depending in this next Court:
And that Iustice may be duly administred, to them and to all
others persons w"out danger of disturbance of the peace and
wellfare of this prouince. These are to giue notice to all per-
sons that had any hand in the late Rebellious action of this
Prouince. That they neither may or shall haue any heareing
in Court, or be admitted to stay w'"in the prouince, before such
Liber A,
p. 98
194 Proceedings of the Council of Maryland, 1647-1648.
tyme as he or they haue taken oath of ffealty, vnto the Lo: Pro-
prietary, and his Gout" for the tyme being, during the tyme
they remayne win the prouince: And that the sayd oath, shall
not bee understood by him or them only for this present, but
shall firmly bynd hym or them in futurity so often as he or they
shall haue occation to come into the prouince: And that at
any tyme when they come into the prouince they shall deliuer
all such armes and amunition, as they bring w'® them vnto the
Commander off the ffortt: w shalbe restored to them when
they depart the prouince. And that the proclamation set forth
the 8'* of May last (by the late Gout Leonard Caluert Esq")
touching the departure of any person out of the prouince wout
leaue: the entertaynement of any stranger; or houlding Comu-
nication w'* them, vntill they haue first byn at the fortt of S'
Inegos &c: shall stand in full force and and Virtue vntill
Christmas day next: And ffurther these are straightly to pro-
hibite and forbid all persons of this prouince what soeuer to
giue any entertainement, or admitt into thire howses any of the
persons aforesd: w'*out first shewing a Certificate from my
hand or the Capt: or Comander of the ffortt ptsent there that
they haue there taken oath of ffealty vnto his Lo’* Vppon
payne of such seuere sensure as the Court shall adiudge such
a Contempt to deserue. Giuen at the ffortt of St Inegos the
15'" Septm’ 1647:
Tho: Green.
[Non-Exportation of Corn, &c.]
Nouemb' 8" By the Leiftent Gener!
Whereas I am certainely informed, that Corne this p'sent.
yeare is very much feared to be wanting, to supply the In-
habitants of this prouince. And that there is no great likely-
hood of any Considerable supply there of to com in ffrom
abroad, but must wholy depend vppon it selfe, and that the
export of any such corne is most p'iudiciall to the inhabitants
thereof: These are therefore streightly to prohibite and fforbidd
any persons or persons whatsoeuer to carry or transport any
corne out of the prouince, w'*out leaue first obtayned from my
selfe, Vppon the paine of such seuere censure as the Prouinciall
Court shall adiudge such offenders to deserue: Likewise for
the benefitt and p'servation of the increase of the stock of horses
now w'in the prouince, much to the advantage of his Lo”
Colony, and the safety of the Inhabitants of the Prot they being
so vsefull both in peace and warr, and the sd stock being as
yet very smale: I doe hereby streightly prohibite and forbidd,
any horses, mares, or foles to be transported out of the prouince,
by any person or persons whatsoeuer vntill his Lo? pleasure
Proceedings of the Councel of Maryland, 1647-1648. 195
be further know therein: Vppon paine of such seuere punish- Liber A.
ment as shalbe thougt fitt by the prouinciall Court to be inflicted
vppon all such persons, as shall doe or attempt to doe to the
Contrary hereof; Assuring all such persons that I intend to
take a strickt accomt of all attempts don to the Contrary of
either of these two branches, And shall looke vppon all such
offendors, as vppon people ill affected to the welfare and happy
subsistance of this Prouince; Giuen at St Inegos ffortt the 10
day of No: 1647
Tho: Greene:
[Pardon to Rebels.]
Loco + Sigilli Whereas sundry the Inhab’s of this pro: by p. 147
Instigaodn of one Rich: Ingle, haue unfortunately runne them-
selues into a Rebellion ag t the L¢ Propt of this pro: & therein
haue committed diuers insolencies & robberies agst the Lawes
of the pro: But are now returned into Obedience againe & sub-
mitted themselues to his L®* gouerm' I doe hereby in his L*
name by uertue of his Commis"in tht behalfe publish & graunt
a grall, absolute, & ffree Pardon unto euery & singular the
Inhab* residing win this pro: of all crimes of Rebellion, Sedi-
tion & Plunder & of all other offences w'soeu" of what nature
soeu’ committed w'"in this pro: agst the Lawes of the pro:
from the 14" ffeb: 1644, unto the sixteenth day of Aprill last
past. And of all Losses of life, lands, or goods & of all other
penalties incurred by the s‘ Offences, or any of them. And I
doe further declare in his L®S name, that Euery other person
out of the pro: acknowledging Sorrow for his fact, & requyring
Pardon, before the ffeast of St Michael thee Archangell next,
shall haue such Pardon graunted unto him, under my hand, &
the seale of the pro: Excepting Rich: Ingle Marine* Gyu. att
St Maries 4° Mart: 1647
Tho: Greene.
By the Gouern™ & Grall of Mary-Land. p. 157
Proclamaon
Whereas I am gyuen to understand of the enimies being
actually on foote, intending (if possibly they may) to inuade
us: And considering the daunger of the pnt times, & how trou-
blesome & inconuenient it may proue, to diuers Inhab‘s of this
pro: & preiudiciall to the whole, to hold a Court in the begin-
ning of June next; (especially all Causes being to be tryed by
a Jury: w® will much weaken those parts from whence they
come) there being noe busines of th' consequence, or soe
urgent, att this time, in the pro: to be heard & determined but
Liber A.
Liber C. B.
p- 196
p- 197
196 Proceedings of the Council of Maryland, 1647-1648.
may suffer delay. And being desyrous to prouide in the best
manner I may for the good & safety of the pro: These are to
giue notice, to all the Inhab* of St Maries County, & to all
others whom it may concerne, That I haue adiorned all Causes,
to be tryed this next Court in the beginning of June, untill
October next. Reinforceing all writts, warrants, or other pro-
cesse returneable, this next Court as afores? untill October. And
all Juro’’ & others warned uppon Summons, bownd to attend
this Court, are to take notice hereof, & giue their attendance
att the Court to be held in the beginning of Octob* as afore.
Gyuen att St Maries this 22" May. 1648.
Tho: Greene
The Oath of Fidelity to the Lord
Proprietary
I AB do faithfully and truly acknowledge the Right Honble
Cecilius Lord Baron of Baltimore to be the true and Absolute
Lord and Proprietary of this Province and Country of Mary-
land and the Islands thereunto belonging & I do Swear that I
will bear true faith unto his Lordship and to his heirs as to the
true and absolute Lords and Proprietarys of the said Province
and Islands thereunto Belonging and will not at any time by
words or Actions in publick or in private wittingly or willingly
to the best of my understanding any way derogate from but
will at all times as Occasion shall Require to the utmost of my
Power defend and maintain all such his said Lordships and his
heirs Right Title Interest Priviledges Royal Jurisdictions Pre-
rogative Proprietary and Dominion over and in the said Pro-
vince of Maryland and Islands thereunto belonging & Over
the People who are and shall be therein for the time being as
are Granted or mention’d to be Granted to his said Lordship
and his heirs by the King of England in his said Lordships
Pattent of the said Province under the Great Seal of England
I do also swear that I will with all Expedition discover to his
said Lordship or to his Lieut or other chief Governor of the
said Province for the time being and also use my best Endeav-
ours to prevent any Plott Conspiracy or Combination which I
shall know or have Cause to suspect is or shall be intended
against the Person of his said Lordship or which shall tend any
ways to the disinherison or depravation of his said Lordships
or his said heirs their Right Title or Royal Jurisdiction and
Dominion aforesaid or any part thereof and I do swear that I
will not either by myself or by any other son or ‘psons
directly or indirectly take accept receive purchase or Possess
any Lands Tenements or Heriditraments within the said Pro-
vince of Maryland or the Islands thereunto belonging from
Proceedings of the Council of Maryland, 1647-1648. 197
any Indian or Indians to any other use or uses but to the use Liber C. B.
of his said Lordship and his heirs or knowingly from any other
Person or Persons not deriving a Legal Title thereunto by
from or under some Grant from his said Lordship or his said
heirs legally passed or to be passed under his or their Great
Seal of the said Province for the time being So help me God
and by the Contents of this Book Given at Bath under his
Lordships hand and Greater Seal at Arms the 20 day of
Iune 1648
By the Gou' of Mary-Land. Liber A.
A d Pp. 20
Nouemb' 11 These are to giue notice to all p'sons, to whom
it may concerne th' I doe hereby (for speciall reasons me there-
unto moveing) suspend & reuoake all power & authority of
Command uppon the Ile of Kent from Capt Robt Vaughan,
the Comder of the s* Iland, & doe acquitt & discharge all the
Inhab* of the s* Iland from their obedience formerly dew unto
his Command untill they shall bee thereunto requyred againe
by speciall Commis" from the Gou' of this Prouince for the
time being. And I doe further hereby requyre & authorize
M’ Phillip Conner, one of the Commis‘ of the s‘ County of
Kent, to issue forth all writts & processes necessary for the
admistraon of Justice in the s* County: Binding all Parties
interested ouer to the Prouinciall Cou't, att St maries, there to
haue tryed & determined their suites & causes, untill further
order shall be taken therein; finding it necessary for the p'nt
to suspend all further power of Judicature uppon the s* Iland
Gyuen att St Maries this iit Nouemb™ 1648
Thomas Greene.
By the Gouerno' of Mary-Land.
Relying uppon yo" faythfullnes & courage I doe hereby
committ unto yo” & adde unto yo office of High-Sheriffe of
the County of Kent, the Command of all the Militia of the sé
County, requyring yo” to take charge thereof: And uppon
any inuasion from abroad or mutiny, insolence, or other breatch
of Peace att home or indaungering the publik safety of yot
County, to encounter & suppresse the same, in the best &
speediest manner yo” may: And to rayse & leuy the force of
the s* County to tht purpose, or any part thereof, as there shall
be cause. And I doe hereby requyre all p'sons able to beare
Armes w'"in the s* County, to be obedient unto yo" uppon such
paynes & perills, as the offence agst Military discipline shall
deserue by the Law of Armes or censure of the Prouinciall
Cou't. Gyuen att St maries this iit 9 1648
Tho: Greene.
To M' Henry Morgan High
Sheriffe of Kent County.
Liber A.
p. 223
198 Proceedings of the Council of Maryland, 1647-1648.
By the Gout & Grall of Mary-Land.
Locus + Sigilli Whereas a Proclamaon was sent up to the
Inhab** of the Ile of Kent (bearing date att St maries ii”
Nouemb') to suspend & reuoake all power & authority of
Command uppon the s? Ile of Kent from Capt Robt Vaughan
Comider of the s‘ Iland. Wherein allso the Inhab* uppon the
s* Ile were acquitted & discharged from their Obedience dew
unto him, by uertue of his Command, untill they should bee
thereunto againe requyred by speciall Commis" from the Gout
of this prouince for the time being. W“ s* Proclamaon as I am
gyuen to understand hath beene published according to my
order vppon the s‘ Iland. And now since finding it needfull
& conuenient to continue the s‘ suspension no longer uppon
the s‘ Iland. I doe hereby giue notice to all p'sons whom it
may concerne, That I doe againe nominate & appoynt him the
st Capt Robt Vaughan to bee cheife Capt & Comder of the s*
Ile of Kent, under mee his L®* Gout And to exercise all
power & authority uppon the s* Iland according to his former
Commis" graunted unto him from Leonard Caluert Esq" late
Gou' bearing date att Kent 18 Aprill 1647° And doe againe
hereby requyre the Obedience of all poeple, uppon the s* Iland
to the Command of him the s* Capt Robt Vaughan, as fully &
absolutely, as if noe such reuocaon or suspension had bene
made of his Command as afore. And further, for speciall
reasons me thereunto mouing, I doe hereby suspend all power
& authority from all the Assistants or Commis’ ioyned w'* the
s¢ Capt Robt Vaughan in the fores' Commis* (M’ Phillip Con-
ner only excepted) & in their roomes doe constitute & ap-
poynt, M' Nicolas Browne to bee Assistant or Commis"
Authorizing them the st Capt Robt Vaughan, Mr” Phillip Con-
ner, & M: Nicolas Browne to heare & determine all Causes
uppon the s¢ Iland according to the Commis" afore mentioned.
Requyring all the Inhab‘s afores* to acknowledge & obey the
s‘ Capt Robt Vaughan, Mr’ Phillip Conner, & MT’ Nicolas
Browne in the seuerall commands & authorities thereby com-
mitted to them, as they will answere the contrary att their
perills. Gyuen att St maries this ii" Decemb* 1648.
Thomas Greene
oe
CECILIUS CALVERT, LORD BALTIMORE,
Proprietary.
WILLIAM STONE,
Governor.
1648-1655.
A Commission from the Lord Proprietary a Ce
Constituting William Stone Esq‘ his Lieu- *
tenant &c* of Maryland
Cecilius Absolute Lord and Proprietary of the Province of
Maryland and Avalon Lord Baron of Baltimore &c* to all the
Inhabitants and People in Maryland and to all others whom
these presents shall Come and any ways Concern Greeting
Know yee that we for divers especial Causes and Considera-
tions us thereunto moving have revoked and determined &
by these presents do declare that We do hereby revoke & ab-
solutely determine all former Commissions heretofore Granted
unto our dear Brother Leonard Calvert Esq' late Governor of
Maryland deceased or to any other Person or Persons whatso-
ever concerning the Government of the said Province of Mary-
land & all Power and Authority by us thereby Granted unto
him or them or to any other of our Council or to any other
person or persons whatsoever in or by ........ the said p. 169
Commissions or any of them and also all Power heretofore
Given to our said Brother or any other Person or Persons by
the said Commissions or any of them or otherwise of enacting
or Assenting unto any Laws or Ordinances in our name within
our said Province of Maryland and we do likewise hereby dis-
charge all and every Person and Persons whatsoever from our
Council and to be of our Council within the said Province of
Maryland which heretofore have been of our Council there
nevertheless considering and well knowing that the People
there cannot subsist and Continue in peace and safety without
some good Government to be ordain’d and established as
well for the cherishing of the Vertuous and Orderly as for the
punishment of the Lewd and disorderly Persons there and
whereas our trusty and well Beloved William Stone now or
late of Northampton County in Virginia Esq’ hath undertaken
in some short time to procure five hundred People of British or
Irish discent to Come from other places and plant and reside
within our said province of Maryland for the advancement of
our Colony there and being Confident of his Wisdom Fidelity
Industry Integrety and other Virtues which Render him
Capable and worthy of the Trust hereby by us intended to be
reposed in him have nominated Constituted ordained author-
ised and established and by these presents do Nominate Con-
Liber C. B.
p. 168
p- 169
202 Proceedings of the Council of Maryland, 1648-1655.
stitute Ordain authorise and establish the said William Stone
our Lieutenant chief Governor General Admiral Marshall chief
Captain and Commander as well by Sea as by Land of our
said Province of Maryl* and the Islands to the same belonging
and by these presents do Grant unto him the chief Com-
mandmt and absolute Authority under us above and in all
matters of warfare by Sea and Land to execute and administer
the same to the resistance of the enemies or supression muti-
nies and insolencies as our said Lieutenant shall think most
Commodious for the preservation of our said Province and
our rights and dominion there and to do all such things as do
belong or appertain to the Office of a Lieutenant General
Chief Governor General Admiral Marshall Admiral chief Cap-
tain or Commander under us of the said Province of Maryland
in as large and ample manner to all intents and purposes
(except hereafter excepted) as we our self might do if we were
personally present to have hold execute and administer the
same with such and as ample Power and Authority as if we
were personally prestto have hold execute and Administer the
same with such and as ample Power and Authority as if We
were personally present might do or execute the same (except
hereafter excepted) until We or Our Heirs shall signify Our or
their pleasure to the Contrary and we do hereby further Or-
dain and Command all such as shall hereafter be sworn of our
TAR
Council within our said Province of Maryland all Commar Jers _
Captains Officers and Soldiers as well by Sea as by Land
whom it doth or may Concern all our Officers Receivors:
Bailiffs Marshalls and all other Persons whatsoever within our
said Province of Maryland of what quality and Condition |
soever they be that they and every of them do acknowledge
the said William Stone in the quality of our Lieut Chief Gov-
ernor General Admiral chief Captain and Commander under
us over all our said Province of Maryl¢ and the Islands and
members of the same and do Honour Respect and Obey him
as they ought to do upon pain of such punishment to be
inflicted upon them and every of them as such a high Con-
tempt of disobedience & Neglect shall deserve and to the end
no person within our said Province of Maryland shall pretend
ignorance hereof we do Command that this our Commission
and Ordinance be be proclaimed and published within our said °
Province at the Places accustomed to proclaim and publish our
edicts and Ordinances Commanding him our said Lieutenant
to proceed to punish all Contemners and neglectors of the
same in such strict and severe manner as we our self might do
if we were there personally present and that without favour or
Connivance and we do further by these presents make Consti-
tute Ordain & establish the said William Stone to be our
_ Proceedings of the Council of Maryland, 1648-1655. 203
Chancellor chief Justice and Chief Magistrate within our said Liber C. B.
Province until we or our heirs shall signify our or there
pleasure to the Contrary and do hereby Give him Power from
time to time to appoint and Constitute Officers and Ministers
excepting Councillors & such other Officers as shall be from
time to time immediately appointed by Commission or warrant
from us under our hand and Seal at Arms for the Adminis-
tration and execution of Justice and for doing and executing
of all other things whatsoever which doth belong to the estab-
lishment and Government of a Good and happy Common-
wealth within our said Prov‘ and the preservation of our rights
and dominion there and do further by these presents Grant
unto him our said Lieut Chancellor chief Justice and Chief
Magistrate full and Absolute Power and Authority when and
as often as he shall think fit to call and summon in our name
from time to time one or more General Assembly or Assemblies
of our freemen of our said Province of Maryland or their Deputy
or Deputies at such Place or Places within our said province
as he shall think fit for the enacting of wholesom Laws and
Ordinances for the Government and well Ordering of the said
Province and People within the same to which Purpose I do
hereby Grant full Power and Authority into our said Lieut from
time to time in such General Assembly to be so summoned by
him in the said province of Maryland in our name stead and p. 172
place to enact and assent unto such Laws and Ordinances as
he our said Lieutenant shall think fit and necessary for the
Good Government of our said Province of Maryland and which
shall be Consented to and Approved of by our freemen of our
said province or the major part of them or their deputies to be
assembled by him our said Lieutenant there from time to time
Be stot eaeics: for the enact* of Laws within that Province as
aforesaid provided that the said Laws so to be enacted and
Assented to by him our said Lieutenant there in our name be
as near as conveniently may be agreable and not Repugnant
or Contrary to the Laws of England and that every one of the
said Laws so to be enacted and Assented unto in our name be
to Continue in force till we or our heirs shall signify our or
their disassent thereunto under our or their hand and seal &
no Longer Provided also that our said Lieutenant do not in
our name or otherwise enact or assent unto the Repeal of any
Law or Laws already enacted or which shall be from time to
time hereafter enacted in our said Prov® of Maryland by us or
in our name with the Consent and Approbation of our said
Freemen or the Major part of them or their Deputies nor unto
any Law or Laws for the Constitution Confirmation alteration
or change of any Officer or Officers within the said Province
or which shall impose any fine forfeiture or Confiscation to any
Liber C. B.
P- 173
Pp 174
204 Proceedings of the Council of Maryland, 1648-1655.
other use or uses then to the use of us and our heirs Lords
and Proprietaries of our said Province of Maryland or to any
Law or Laws which may any way Concern matters of Religion
Constitution of Parishes within our said Prov® Payment of
Tithes oaths to be imposed or taken by any of the people
which are or shall be from time to time in our said province of
Maryland treasons matter of Judicature or any matter or thing
which may any way Infring or Prejudice any of Our rights
Prerogatives or Royal Jurisdictions and Dominion over or in
the said Province of Maryland without further and special
warrant from time to time under our hand and Seal at Arms
first had and Obtain’d and published to a General Assembly of
the Freemen of our said Prov‘ or their deputies and to be kept
from time to time among the Records of the said Assembly
there every of which Laws so to be assented unto and enacted
by him our said Lieutenant there in our name not any way
intrenching upon or Infringing any of the Provisoes above
mentioned and Consented unto and Approved by our said
freemen or their deputies or the Major part of them in such
manner as aforesaid and not otherwise we do hereby declare
shall be in force within our said Province but if we or our heirs
shall signify our or their dissassent thereunto under our or
their hand and Seal at Arms and no Longer excepting such
Laws as we have or shall think fit to Confirm by our special and
immediate Assent thereunto declared or to be declared under
our hand and seal at Arms which Laws so already Confirmed
which shall be so Confirmed from time to time ........ by our
special Assent as aforesaid and agreed unto from time to time
by our said freemen or their deputies or the Major part of
them we declare shall be perpetual and we do by these pres’
Grant full power and Authority unto our said Lieutenant to
Adjourn Prorogue or dissolve all & every such Assembly or
Assemblys heretofore Called or hereafter by him to be Called
at his Pleasure and forasmuch as the Calling of a General
Assembly of our said freemen and the Consulting about and
enacting of Laws will require long time and much Consultation
and many times sudden and other necessary Occasions may
happen or or fall out which require a speedy Remedy we do
therefore hereby Grant unto him our said Lieutenant full
Power and Authority from time to time to make Constitute
Ordain & Publish in our name such Reasonable and profitable
Ordinances Edicts and Proclamations within our said Province
of Maryland with reasonable pains and penalties therein to be
expressed to be duly inflicted on all Offendors against the same
as he our said Lieutenant in his discretion shall think fit pro-
vided that such Penalties do not extend to the taking away of the
right or Interest of any Person or Persons of or in their life mem-
Proceedings of the Council of Maryland, 1648-1655. 205
bers Freehold Goods or Chattels nor be Repugnant or Contrary Liber c. B.
but agreable as near as may be to the Laws established within
the Realm of England and to the Laws and Ordinances. estab-
lished or to be established within our said Province of Maryl*
all which edicts and Proclamations shall stand in force only,
until we or our heirs shall signify the Contrary under our or
their hand and seal to our Lieutenant for the time being and
the People there or that our Lieutenant there for the time
being shall in his discretion think fit to Repeal the same and
further we do hereby Grant full power and Authority unto him
our said Lieutenant to appoint from time fit Places for publick
Ports for Lading Ships Unlading and discharging of all Goods
and merchandizes to be imported or exported into or out of
Our said Province of Maryland and to Appoint Officers and
Ministers in the same places and ports and also to Erect and
Establish convenient places for the holding and keeping of
fairs and markets and to establish fairs and markets to be
there held upon Certain days for that purpose to be by him
appointed and we do further by these presents grant full
Power and Authority unto him our said Lieutenant during the p. 175
time of his being our Lieutenant there to Pardon and Remit if
he see Cause in part or in the whole all pains Forfeitures or
Penalties which any Person or Persons within Our said Pro-
vince shall incur for any Crime misdemeanor or Offence
against any the Laws Ordinances or Orders whatsoever made
or to be made for the Good Government of our said Province
and to Grant pardons for all and every such delinquents in
our name and under our Great Seal of our said Province so
as such Pardon or Pardons extend not to the Pardoning of
William Claybourn heretofore of the Isle of Kent in our said
Province of Maryland and now or late of Virginia or of his
Complices in their late Rebellion against our rights and
Dominion in and over the said Province nor of Richard Ingle
nor Iohn Durford Mariners nor of any other Person or Persons
whom we shall hereafter at any time think fit to except from
Pardon-bysanyoNctrr: 25.8502 under our hand and Seal and
signified to our Lieutenant before he have Granted any Pardon
to such Person or Persons under our Great Seal there and
further we do by these presents Commit the Custody and
keeping of our Great Seal of our said Province of Maryland
unto him our said Lieutenant and we do hereby further Grant
unto him our said Lieutenant Power and Authority for us and
in our name to pass and Grant under the same our Great Seal
all Writts and Protests all Commissions for the execution of
Iustice and for dividing and Bounding of Lands all Pardons
Licenses and other publick acts and deeds whatsoever which
shall at any time Pass within our said province and we do
Liber. B:
p. 176
p- 177
206 Proceedings of the Council of Maryland, 1648-1655.
further hereby Grant full power and Authority unto him Our
said Lieu‘ for us and in our name to pass and Grant under our
said Great Seal to such person or persons such proportions
and Quantities of Land within our said Province for such
Estate and Interest and with such priviledges and immunities
as we shall from time to time Give him our said Lieutenant
warrant for under our hand and Seal at Arms and not other-
wise all which Grants to be made passed or Granted after the
same Grants and the said Warrants under our hand and Seal
at Arms for the passing hereof shall be recorded or Registered
by our Secretary of our said Province for the time being and
after that our said Secretary shall have Certified under his hand
upon the Backside of every such Grant that the said Grant &
the s? Warrant under our hand and Seal at Arms for the pass-
ing thereof are recorded and Registered and that the Grantee
or Grantees have performd our last Conditions of Plantation
dated the 20'" day of Iune last past if the Grant be passed by
Virtue thereof concerning the transportation of so many per-
sons into our said Province as is required by the said Condi-
tions for such a Grant and also have taken the Oath of Fidelity
to us and our heirs Lords and Proprietaries of the said Pro-
vince of Maryland mentioned in the said last Conditions of
Plantation and also that our Surveyor General there for the
time being or his Sufficient deputy shall have likewise Certified
under his hand on the backside of every such Grant that the
said Land therein mentioned hath been truly Surveyed and
Contains no more in quantity then it ought to do by warrant
from us and after the Grant shall be also testified by our said
Lieutenant subscribing his name thereto we do hereby
declare shall be effectual in Law & not before against us
and our heirs and shall bind us & our heirs as firmly as
if Livery and Seizen had been Given and Executed there-
upon and we do will and Require Our said Lieutenant to
advise as there shall be Cause with those who shall from time
to time by immediate Commission or Warrant from us under
our hand and Seal at Arms be of our Council there for the
time being upon all Occasions concerning the Good Govern-
ment of our said Province of Maryland and of the People there
and we do further hereby Grant full Power and Authority
unto our said Lieutenant and unto our said Council for the
time being who shall from time to time be then present in
Court or the Major part of them whereof he our said Lieuten-
ant or his deputy being also of our s¢ Council to be always
one and to have a Casting Vote to enquire hear & finally to
Judge of and upon all Causes Criminall and Civill whatsoever of
what Nature kind quality degree and Condition soever the same
shall be which may happen within our said Province of Mary-
Proceedings of the Council of Maryland, 1648-1655. 207
land according to the Laws from time to time in force of and Liber C. B.
in the said Province and in default thereof according to his
and their best discretion as fully and absolutely as we our self
might do if we were personally present to Give sentence or
judgment of or in or upon the same and to award execution
upon every such Sentence or Iudgment all & every which
powers and Authorities above mentioned we do hereby grant
unto our said Lieutenant William Stone and our said Council
till we or our heirs shall signify our or their pleasure to the
Contrary and no Longer and lastly whereas our said Lieutenant
may happen to die or upon some urgent Occasion to be absent
from time to time out of our said Province of Maryland before
we can have notice to depute another in his place we do there-
fore Grant unto him our said Lieutenant full power and
Authority from time to time in such Cases to Nominate elect
and appoint some one of our Council there or in default thereof p. 178
some other able Person inhabiting and Residing within our
said Province of Maryland as he in his discretion shall make
Choice of & think fit to be our Lieutenant General Chancellor
Keeper of our Great Seal there Admiral Chief Justice Magis-
trate and Commander as well by Sea as by Land of our said
province of Maryland and of the Islands to the same belonging
during such absence of him our said Lieu‘ out of the said Pro-
vince or until we or our heirs signify our Pleasure to the Con-
trary in as large and as ample manner as we have by these
presents authorised him our said Lieutenant to Govern for the
present and in case our said Lieutenant shall happen to die or
be absent out of our said Province of Maryland and shall fail
to make Choice of Nominate and Appoint some Person to be
our Lieut General Chancellor Keeper of our Great Seal Ad-
miral Chief Captain Magistrate and Commander of our said
Province of Maryland as well by Sea as by Land.......... we
do hereby Grant unto our Councillors there for the time being
or the Greater part of them full Power & Authority from time
to time in every such Case to Nominate elect and appoint such
an able Person which shall then be of our Council there and
Inhabiting and residing within our said Province of Maryland
as they or the Greater part of them shall make choice of and
think fit to be our Lieut General Chancellor Admiral chief
Governor Captain Magistrate & Commander as well by Sea
as by Land of our said Province of Maryland and of the Islands
to the same belonging which Person so to be chosen and
Appointed in any of the Cases aforesaid either by the Nomin-
ating and election of him the said William Stone our present
Lieutenant or of our Council as af’ we do hereby declare shall p. 179
be our Lieutenant General Chancellor Keeper of our Great Seal
Admiral Chief Governor Capt and Commander of the said
Liber C, B.
p. 180
208 Proceedings of the Council of Maryland, 1648-1655.
Province of Maryland during such absence or in Case of death
of our said Lieutenant W™ Stone out of our said Province or
until we or our heirs shall signify our or their pleasure to the
Contrary and no Longer to which Lieut General Chancellor
Keeper of Our Great Seal Admiral Chief Governor Captain
Magistrate and Commander so to be elected nominated and
appointed as aforesaid we do hereby Grant the like Power and
Authority in all Causes and things as we have by these presents
above Granted unto the said William Stone and no otherways
until we or our heirs shall signify our or their pleasure to the
Contrary and no Longer hereby Commanding our Councillors
Commanders Captains Soldiers & Officers for the time being
and the People of the said Prov® of Maryland and all others
whom it may Concern to be Obedient unto him in all things
matters and Causes as We have in and by these presents
Commanded them to be Obedient to the said William Stone
our present Lieutenant Gen' Chancellor Keeper of the Great
Seal Admiral chief Governor Captain Magistrate and Comman-
der upon pain of such Punishment to be inflicted upon them
and every of them as such a high Contempt shall deserve pro-
vided always that before the said William Stone or any other
in the Cases of his death or absence above mentioned shall take
upon them or any of them any of the said Offices hereby
Granted to the said William Stone or execute any of them or
any of the Powers and Authorities Granted by these presents
to the said William Stone they and every of them especially
the said William Stone shall take the Oath intituled the Oath
of the Lieutenant or chief Governor of the Province of Mary]?
Signed with our hand and hereunto annexed to be to be adminis-
tred unto the said William Stone & Every of them upon the holy
Evangelist by our secretary of the said Province for the time
being in open Court or in his Absence by two of our Council
there for the time being whom we do hereby authorise to
administer the same accordingly and because some other able
Persons may go and reside within our said province of Mary-
land before we can have notice thereof who may be fit to be of
our Council for the better Assistance of our said Lieutenant in
the Government there and whose names we cannot therefore
put for the present in our Commission under our hand and
seal at Arms and sent herewith for the Appointment of such to
be of our Council within the said province as are nominated in
our said Commission therefore we do hereby Grant Power and
Authority to our said Lieutenant William Stone within twelve
months after the date hereof to Nominate two or three such
able and faithful Persons over and above those who shall be
nominated by our said Commission to be of our Council in our
said Province every of whom we do hereby appoint to be of
Proceedings of the Council of Maryland, 1648-1655. 209
Our Council there to all intents and purposes and to have the Liber C. B.
like Powers and Authoritys as if they and Every of them had
been nominated in our said Commission for our said Council
or by any other particular warrant under our hand and seal at
Arms for that Purpose and so To Continue till we or our heirs
have notice thereof and shall think fit to discharge again them
or any of them respectively by any warrant or writing under
our or our said heirs hand and Seal at Arms from being of our
or their Council there any Longer any thing herein Contain’d
to the Contrary notwithstanding provided nevertheless that
every one of the said Persons so to be nominated by the said
William Stone to be of our Council there as afores* shall
respectively take in open Court within our said Province the p. 181
same Oath of a Councillor to us and in the same manner as
we have appointed it to be taken by the rest of our Council in
our said Province before he shall be admitted to be of our
Council there which Oath shall be administred unto every
such Person by our Secretary there for the time being unto
whom we do by these Presents give Power and Authority to
administer the same accordingly Given under our hand and
Great Seal at Arms at Bath the sixth day of August in the
seventeenth year of our dominion over our Province of Mary-
land Annoqg Dom 1648
The Oath of the Lieutenant or
chief Governor of the Province of
Maryland
I AB do swear that I will be true and faithful to the right
honourable Cecilius Lord Baron of Baltimore the true and
absolute Lord and Proprietary of this Province of Maryl* and
his heirs and him and them and his and their rights Royal Ju-
risdiction and Seigniory all and every of them in to and over
the said Province and Islands thereunto belonging will at all
times defend and maintain to the utmost of my Power and will
never accept of nor execute any Place Office or Employment
within the said Province any way Concerning or relating to
the Government of the said Prov® from any Person or Author-
ity but by from or under a lawful Authority deriv’d or to be
deriv’d from time to time under the hand and seal at Arms of
his said Lordship or his heirs and Assigns Lords and Proprie-
taries of the said Province I will faithfully serve his said Lord-
ship as his Lieutenant of the said Province and in all other
Offices Committed to my Charge by his said Lordships Com- p. 182
mission or Commissions to me and will willingly yield up the
said Commission & Commissions again and all Offices Powers
and Authorities Granted or to be Granted by them or any of
Liber C. 5;
p. 183
210 Proceedings of the Council of Maryland, 1648-1655.
them into the hands of his said Lordship and his heirs and
Assigns or to such Person or Persons as he or they shall appoint
whensoever he or they shall appoint me so to do and shall sig-
nify the same unto me in any writing under his or their hand and
Seal at Arms and will not presume to put in execution or attempt
to execute any office Power or Authority Granted unto me by
any of the said Commission or Commissions after that his said
Lordship or his heirs or Assigns Lords & Proprietaries of the
said province shall Repeal them or any of them respectively by
any writing under his or their respective hand and seal at Arms
and that the said Repeal be published within this Province I
will do equal right and Justice to the Poor and to the rich
within the said Province to my best Skill Judgment and Power
according to the Laws and Ordinances of the said Provinces
and in default thereof ........ according to my Conscience and
best discretion and the Power Granted or to be Granted to me
by his said Lordships Commission or Commissions I will not
for fear favour Affection or any other Cause let hinder or Delay
Justice to any but shall truly execute the said Office and Offices
Respectively according to his said Lordships Commissions to
me in that Behalf and to the true Intent & meaning thereof and
not otherwise to the best of my understanding and Judgment
I will not know of any attempt against his said Lordships
Person or his Right or Dominion into or over the said Province
and the People therein but I will prevent resist and oppose it
with the utmost of my Power and make the same known with
all Convenient speed to his said Lordship and I will in all
things from time to time as occasion shall require faithfully
Council and Advise his said Lordship according to my heart
and Conscience and do further swear that I will not by my self
nor any Person directly or indirectly trouble molest or discoun-
tenance any Person whatsoever in the said Province professing
to believe in Iesus Christ and in particular no Roman Catholick
for or in respect of his or her Religion nor in his or her free
exercise thereof within the said Province so as they be not un-
faithful to his said Lordship or molest or Conspire against the
Civil Government Established here under him nor will I make
any difference of Persons in Conferring of Offices Rewards or
Favours proceeding from the Authority which his said Lord-
ship hath conferred upon me as his Lieut here for in Respect
of their s* Religion Respectively but mearly as I shall find them
faithful and well deserving of his said Lordship and to the best
of my understanding endowed with moral Virtues and abilities
fitting for such Rewards Offices or favours wherein my prime
aim and end from time to time ........ shall sincerely be the
Advancement of his said Lordships service here and the publick
unity and Good of the Province without Partiality to any or any
Proceedings of the Council of Maryland, 1648-1655. 211
other sinister end whatsoever and if any other Officer or Person
whatsoever shall during the time of my being his said Lord-
ships Lieutenant here without my Consent or Privity molest or
disturb any Person within this Province professing to believe in
Iesus Christ meerly for or in Respect of his or her Religion or
the free exercise thereof upon notice or Complaint thereof
made unto me I will apply my Power and Authority to Relieve
and Protect any Person so molested or troubled whereby he
may have right done him for any damage which he shall suffer
in that kind & to the utmost of my power will Cuuse all and
every such person or persons as shall molesit-Orirouble any
other Person or Persons in that manner to be punished I will
faithfully serve his Lordship as his Chancellor and Keeper of
his Great Seal of this Province Committed to my Charge &
Custody by his said Lordships Commission to me to the best
of my Skill and understanding I will Cause the impression in
Wax of the said Seal to be affixed to all such things as I have
or shall from time to time Receive Commission or warrant for
so doing from his said Lordship under his hand and Seal at
Arms and that it shall not be Affixed to any other Writing or
thing whatsoever directly or indirectly with ....... my Privity
Consent or knowledge I will do my best endeavour Carefully
to preserve the said Great Seal in my Custody so long as it
shall please his said Lordship to Continue me in the charge
and keeping thereof to the end that it may not be lost stollen
or unlawfully taken from me and whereby any other person
may affix the Impression thereof unto any writing or thing
whatsoever without Authority for so doing lawfully derived or
to be derived from by or under a Commission or warrant under
his said Lordships hand and seal at Arms and that I will truly
and faithfully deliver up again the said Great Seal into the
hands of such Person or Persons as his said Lordship or his
heirs shall appoint when his or there pleasure for that purpose
shall be Signified unto me under his or their hand and Seal at
Arms So help me God and by the Contents of this Book.
Commission of the Council of
State in Maryland/
Cecilius Absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Baron of Baltimore &c* to our
trusty and well Beloved Thomas Greene Esq" Cap‘ John Price
Thomas Hatton our Secretary John Pile & Cap‘ Robert
Vaughan Gent Greeting Know yee that we reposing Special
trust and Confidence in your Wisdoms diligence and Experi-
ence have assigned and Appointed you jointly & Every of you
severally to be of our privy Council of State within our said
Liber C. B.
p. 184
Pp: 197
Liber C. B.
P- 19&
Pp. 199
212 Proceedings of the Council of Maryland, 1648-1655.
Province of Maryland and we do hereby Give unto you and
every of you full Power and Authority from time to time and
at all times until we or our heirs shall signify our or their
Measure te-the Contrary to assemble and meet together with
our Lieutenant or chief Governor of our said Province for the
time being when and where he shall from time to time direct
and appoint to treat Consult deliberate and advise of all
ters Causes and things which shall be discovered unto you
vell Concerning the quiet Gov-
U3 = Dt oO} é Yt i y bs
ernment regulating. of the people there as for the Good
and safety oi Gur said Province of Maryland and for the better
and more peaceable Governm' of our said Province of Mary-
land we do hereby assign & Appoint you and every of you
until we or our heirs shall signify our or their pleasure to the
Contrary to be our Justice and Justices Commissioner and
Commissioners for Conservation of the peace within our said
Province of Maryl* and do hereby Grant unto you and every
of you in Case any Breach of Peace shall happen within your
any or either of your views or in case you shall be inform’d of
any Breach of the Peace full Power and Authority to arrest or
call before you by your warrant in our name to be directed to
the Sheriffs Constables or other Officers of Counties Towns
Villages and other Places within our said Province of Mary-
land all and every the Offendor and Offendors against our
Peace and if you see Cause to bind over the Offendor or Of-
fendors with a Good Surety or Sureties to appear before our
Lieutenant or chief Governor and Council there to Answer the
same and in the mean time to keep the Peace or be of the
Good Behaviour as the Case shall Require and in default of
such Surety or Sureties to be by such Offendor or Offendors
tendered unto You to Commit the Offendor or Offendors to the
Common Goal or next Prison within the said Prov® as to you
shall seem fit there to Remain until they shall find good Surety
ees or Sureties as aforesaid or until he or she or they shall
be delivered by our Lieutenant and chief Governor and the
Council of our said Province or the Greater Part of them
whereof our Lieutenant or chief Governor for the time being
to be one, and we do hereby further Grant unto you and every
of you full Power and Authority to Attach Arrest or by your
warrants to Cause to be arrested and attached in our name
and to bring to due Punishment any Offendor or Offendors in
Weights or Measures all Forestallers of Marketts Regrators
Ingrossers Extortioners Rioters and other Offendors against the
publick welfare and peace of the Province of Maryland and we
do hereby Command all our Sheriffs Officers and Ministers
whatsoever that they and every of them be Obedient unto our
said Councillors and Commissioners and every of you in all
Proceedings of the Council of Maryland, 1648-1665. 213
things as becometh Provided always that every one of you the Liber C. B.
said Thomas Greene Esq’ Captain Iohn Price Thomas Hatton
Tohn Pile and Robert Vaughan nominated herein to be of our
Council of our said Province do take the Oath hereunto an-
nexed intituled the Oath of a Councillor of State in Maryland
before any of you Respectively who shall not have taken the
said Oath do presume to put in Execution any of the Powers
and Authorities hereby or by any other Commission Granted
by us unto you as Councillors or Conservators ¢**he Peace in
our said Province or be admitted of our Com-4- *here any
thing herein or in any other Commission of ours ‘to the Con-
trary notwithstanding which said Oath shall be Administred
unto you and every of you respectively upon the holy Evan-
gelists by our Lieut or chief Governor of our said Province for
the time being whom we do hereby Authorise and Require to
Administer the same Accordingly Given under our Hand &
Greater Seal at Arms the twelfth day of August in the 17
Year of our Dominion over our said province Annoq Dni 1648
The Oath of a Councillor of State in Maryland p. 200
I AB do swear that I will be true and faithful unto unto the
Right honble Cecilius Lord Baron of Baltimore the true and
Absolute Lord and Proprietary of this province of Maryland
and his heirs and him and them and his and their rights Royal
Jurisdictions & Seignory all & every of them in to and over
the said Province and Islands thereunto belonging will at all
times defend and maintain to the utmost of my Power and will
never accept of nor execute any Place Office or Employment
within the said Province any way Concerning or Relating to
the Government of the said Province from any Person or
Authority but by from or under a Lawful Authority derived or
to be derived from time to time from his said Lordship or his
heirs Lords and Proprietaries of the said Province under his or
their hand and seal at Arms the Peace and Welfare of the
People of this Prov® I will ever procure as far as I can I will aid
and assist the administring and execution of Justice in all things
to my Power to none will I delay or deny Right for fear favour
or Affection I will to my best Skill and according to my heart
and Conscience give good and faithful Council to the said Lord
and Proprietary and his heirs and to his and their Lieutenant
or Chief Governor of this Province for the time being when
thereunto I shall be Called I will keep Secret all matters com-
mitted or revealed unto me or which shall be moved or debated
Secretly in Council and faithfully declare my mind and opinion
therein according to my heart and Conscience and if any of the
said Treaties or Councils shall touch any of the Privy Coun-
Liber C, B.
p- 201
p. 202
214 Proceedings of the Council of Maryland, 1648-1655.
cillors of this Province I will not reveal the same unto him so
touched or Concerned but will keep the same secret until such
time as by Consent of the Lord Proprietary or his Lieutenant
or chief Governor here for the time being Publication shall be
made thereof I will also as a Councillor and as a Justice and
Commissioner for Conservation of the Peace of this Province
do equal Right unto the Poor and to the rich to the best of my
understanding and judgment according to the Laws from time
to time in Force within this Province and in default thereof
according to my best discretion and Generally in all things will
do as a faithful Councillor to the said Lord Proprietor and I do
further swear that I will not by my self nor any other Person
directly or Indirectly trouble molest or discountenance any
Person whatsoever in the said Province professing to Believe
in Iesus Christ and in particular no Roman Catholick for or in
Respect of his or her Religion nor in his or her free exercise
thereof within the said Province so as they be not unfaithful to
his said Ldshp nor molest or Conspire against the Civil Govern-
ment established here under him So help me God and by the
Contents of this Book.
Commission for the Great Seal
Cecilius Absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Baron of Baltimore &c* to our
trusty and well Beloved Lieut and Council of our said Province
of Maryland to all the Inhabitants of the same and all others
whom it may Concern Greeting whereas our Great Seal of the
said Province of Maryland was Treacherously and Violently
taken away from thence by Richard Ingle or his Complices in
or about february Anno Domini One thousand six hundred and
fourty & four and hath been ever since so disposed of as it
cannot be recovered again for us we do therefore hereby protest
against all and every act and things whatsoever which hath
been Sealed therewith since the fourteenth of Feb” Anno
Domini One thousand six hundred fourty and four or which
shall at any time hereafter be Sealed therewith as unlawful and
not done by any Legal Authority from us and we do hereby
declare all and every the said Acts and things unlawful and
Null but because it is necessary for the better Government of
our said Province and Satisfaction of the People there to have
a Seal of ours Constantly remaining in the said Province and
appropriated thereunto and known to be our Great Seal of the
same whereby divers publick Acts and Grants of Lands within
the said Province may be ratified and Confirmed according to
such directions Instructions Commissions or warrants as we
have or shall from time to time give under our hand and seal
~
Proceedings of the Council of Maryland, 1648-1655. 215
at Arms for that purpose therefore we have provided another
new Seal for our said Province in the Room and Place of the
other which was so taken away from thence as aforesaid which
new Seal we have Committed to the Custody of Captain William
Stone whom we have Constituted as well our Chancellor and
Keeper of the same as our Lieutenant of the said Province till
we or our heirs shall signify our Pleasure to the Contrary the
manner & form of the s* new Seal being this (viz') on the one
side thereof is ingraven our Figure in Compleat Armour on
Horse Back with our Sword drawn and our Helmett on and a
Great Plume of Feathers affixed to it the Horsetrappings fur-
niture and Caparisons being adorn’d with the figure of our
Paternal Coat of Arms and underneath the Horse a Sea Shoar
engraven with Certain Flowers and Grass Growing upon it
and this Inscription about that Side cf the Seal (viz') Cecilius
Absolutus Dmis Terrae Mariae et Avaloniae Baro de Baltimore
and on the other or Counterside of the said Seal is engraven
a Scutcheon wherein our Paternal Coat of Arms to wit six
pieces impaled with a Bend dexter Counterchanged quartered
with another Coat of Arms belonging to our Family viz'a Cross
Buttoned at each end (and also counterchanged) are engraven
the whole Scutcheon being Supported with a Fisherman on the
one Side and a Plowman on the other standing upon a Scrowl
wherein is engraven the motto of our Paternal Court of Arms
viz‘ ffatti Maschij Parole Femine next above the Scutcheon is
engraven a Count Palatines Cap and over that a Helmet with
the Crest of our Paternal Court of Arms on the Top of it which
Crest is a Ducal Crown with two half Bannerets set upright in
it Behind the said Scutcheon and Supporters is engraven a large
mantle and this inscription is about that side of the Seal vizt
Scuto bone Voluntatis tuze Coronasti nos the figure of the
Seal is round and it is of the same Bigness that our said former
Great Seal was and cut in Silver as the other was the impression
of all which in wax is hereunto affixed it being somewhat differ-
ent (though but little) from our said former Great Seal of the
said Province and we do hereby declare the said new Seal to
be from henceforwards our Great Seal of the said Province of
Maryland and that we will have it so to be esteemed and reputed
there till we or our heirs shall signify our or their Pleasure to
the Contrary Given at Bath under our hand and our said new
Great Seal of the said Province the 12" day of August in the
17‘ Year of our Dominion over the said Prov® of Maryland
Annog Dni 1648
Commission for Muster Master
General
Cecilius Lord Proprietor &c* to our trusty and well Beloved
John Price we Considering that Arms without the knowledge
Liber C. B.
Pp. 203
Liber C, B.
Pp. 204
Pp. 205
216 Proceedings of the Council of Maryland, 1648-1655.
of the use of them are Fruitless and having an especial care of
the safety and preservation of that our Province of Maryl* have
thought fit and necessary that the Inhabitants thereof should
be from time to time exercised and trained in the use of Arms
that so if Occasion should Require they may be the more ready
and able to defend as well themselves as us & our rights
there and offend their and our Enemies and we having had
Good experience of your Knowledge and Great Abilities in
Marshall Affairs and of your Great Fidelity unto us in that
Occasion of the late insurrection and Rebellion in our said
Province which was begun there by that Notorious Villain
Richard Ingle and his Complices against our dear Brother
Leonard Calvert Esq" decd our late Lieutent of the same and
therein against us and our undoubted Rights and title there
wherein and in divers other worthy Actions you have mani-
fested unto us and our Colony there such singular Fidelity
Courage Wisdom industry and integrety as render you
Worthy and Capable of the trust hereby intended by us to be
Reposed in you wherefore we do by these presents Constitute
Ordain and Appoint you to be our Muster Master General of
that our Province of Maryland to have and to hold, the said
Office of Muster Master General of our said Province of Mary-
land with as ample Fees Vails Regards Profits Commodities
immunities and Priviledges as any Muster Master General of
our said Province hath or Ought to have had in regard of his
said Office or as any Muster Master in Virginia of right now
hath or enjoyeth or ought of right to have or enjoy by virtue
of his said Office till we or our heirs shall signify the Contrary
under our or their hand and seal at Arms Given under our
hand and Greater Seal at Arms at Bath the 12 day of August
in the 17 Year of our Dominion over the said Province of
Maryland Annogq. Dni 1648
Commission for Commander of the
Isle of Kent
Cecilius Lord Proprietor &c* to our trusty and well Beloved
Robert Vaughan Gent whereas we have found you very faith-
ful and well deserving of us upon the Occasion and insurrec-
tion and Rebellion in our said Province of Maryland Begun
and Fomented by that Notorious and ungrateful Villain Rich-
ard Ingle and his Complices against our dear Brother Leonard
Calvert Esq’ deceased our late Governor of the said Province
and our undoubted right and title to the Governmt of the same
wherein you have manifested to the satisfaction of us and our
Colony there such Fidelity Courage Wisdom Industry and In-
tegrety as Render you Capable and worthy of the Trust here-
Proceedings of the Council of Maryland, 1648-1655. 217
by by us intended to be reposed in you wherefore we do by Liber. B.
these presents authorize Constitute and appoint you to be
Commander of the Island of Kent within our said Prov® and
the Inhabitants thereof and do Grant unto you all such fees
Perquisites and Profits as are belonging to the said Place and
Office of Commander of the said Island to have and to hold
the said place and Office and Fees Perquisites and Profits
aforesaid till we or our heirs shall signify our or their Pleasure
to the Contrary under our or their hand and Seal at Arms and
we do further Grant hereby unto you full Power and Author-
ity to elect and choose any six or more able and Sufficient
men Inhabitants of the said Island as you in your discretion
shall think fit with whom you shall advise and Consult in all
matters of importance whom we do do appoint shall be Author-
ised Commissioners for that purpose under the Great Seal of
our said Province and to call a Court or Courts as often as
there shall be Cause and in the said Courts to award in our
name all manner of process hold pleas and finally to hear and
determine all Causes and Actions whatsoever civil hapning and
Arising between any the Inhabitants of the said Island not ex-
ceeding in damage or demands the Value of ten pounds Ster- p. 206
ling as also to hear and finally to determine all matters and
Offences whatsoever Criminall happening and Committed
within the said Island which may be heard and determined by
any Iustice of the peace in England in their Courts of Session
not extending to Life or Member and we do further Authorise
you to do use and execute all and all manner of Jurisdiction
and Authority whatsoever for the Conservation of the Peace
within the said Island as any Justice of Peace in England may
or ought to do by Virtue of his Commission for the Peace &
further to elect and appoint all necessary Officers for the exe-
cution of Justice and Conservation of the peace there with
Allowance of such fees as are usually belonging to the same
or the like Officers in Virginia and to do all other things and
Acts which shall be necessary for the execution of the Power
and Jurisdiction hereby Committed unto you Given under our
hand and Greater Seal at Arms at Bath the 12" day of August
in the 17 Year of our Dominion over the said Province of
Maryland Annoqg Dni 1648
Commission for Secretary in
Maryland
Cecilius Absolute Lord and Proprietor &c* Know yee that
we reposing special trust and Confidence in the Wisdom dili-
gence and fidelity of our trusty and well Beloved Thomas
Hatton Gent have Constituted appointed and Ordained and
Liber C. B.
p- 207
218 Proceedings of the Council of Maryland, 1648-1655.
by these Presents do Constitute appoint and Ordain him the
said Thomas Hatton to be our Secretary of our said Province
of Maryland and we do by these presents appoint Constitute
and Ordain the said Thomas Hatton as well to be our Principal
Officer and Keeper of the Acts and Proceedings of us and of
our Lieutenant General & and Council there for the time being
and of and for the entring and Recording of all Grants by us
or our heirs to be made of any Lands or Offices within our said
Province of Maryland and for the Probates entring and Record-
ing of Wills and Inventories and Granting of Letters of Ad-
ministration and for the entring and Recording of all other
matters Acts and things which by any Jnstructions Laws or
Ordinances made or Given or to be made or Given for or con-
cerning our said Province of Maryland shall or ought by the
Appointment of us or our heirs or by the appointment of our
Lieut General or other chief Governor there for the time being
or otherwise to be entered and Recorded to have and to hold
Execute and Enjoy the said Office and Offices unto the said
Thomas Hatton until we or our heirs shall signify our or their
pleasure to the Contrary and no longer Given at Bath under
p- 208
our hand and Seal at Arms the twelfth day of August in the
seaventeenth year of our Dominion over the said Province
Annoq Dni 1648
The Oath of the Lord Proprietarys
Secretary in Maryland
I AB do swear that I will be true and faithful to the right
honble Cecilius Lord Baron of Baltimore the true and Absolute
Lord and Proprietary of this Province of Maryland and him
and them & his and their rights royal Jurisdictions Signiory all
and every of them in to and over the said Province and Islands
thereunto belonging will at all times defend and maintain to
the utmost of my Power and will never accept of nor execute
any Place Office or employment within the said Province any
way concerning or relating to the Government of the said Pro-
vince from any person or Authority but by from or under a
lawful Authority derived or to be derived from time to time
from his said Lordship or his heirs Lords and Proprietarys of
the said Prov® under his or their hand and Seal at Arms I will
serve him faithfully as his Secretary in the said province to
none will I wittingly or willingly delay or deny Right in what
belongeth to my Office or Offices to do true Record I will keep
of Judgments and all other matters to be by me recorded with-
out falsification or Corruption for fear favour or malice of any
Person whatsoever to the’ best of my ability and Understanding
so help me God and by the Contents of this Book
Proceedings of the Council of Maryland, 1648-1655. 219
Commission for Surveyor
General
Cecilius Absolute Lord and Proprietor &c* to our trusty and
well Beloved Robert Clarke Gent we having had experience of
your fidelity and industry in the maintaining of our undoubted
right and title to that our Prov® of Maryland and being Con-
fident of your integrety & Ability in and for the execution of
the Office hereby by us intended to be conferred upon you do
by these presents out of our especial favour to you Constitute
and appoint you the said Robert Clarke to be our Surveyor
General of all and singular our Castles Lordships Mannors
Forests Chases Parks Messuages Tenements Lands Woods
Rents Revenues Possessions and Hereditraments whatsoever
within our said Province of Maryland as well within Liberties
as without to have and to hold enjoy and Exercise the afore-
said Office by your self or your sufficient Deputy or deputies
during our pleasure with all Vails, fees Regards Advantages
Profits and Allowances whatsoever to the said Office belonging
or appertaining as fully and intirely and in as ample manner
and form as any other of our Surveyors ever had held or en-
joyed the same or as any Surveyor of the Province of Virginia
ever had held or enjoyed the like Office of Surveyor General
in the said Province of Virginia Commanding also and by these
presents firmly enjoyning all and singular our Sheriffs and other
Officers and Ministers and all other People within our said
Prov® of Maryland that they be assistant and aiding to you the
said Robert Clark and your Deputy or Deputys in the Exe-
cution of the said Office from time to time as Occasion shall
Require and becometh them so to do Given at Bath under our
hand and Greater Seal at Arms the twelfth day of August in
the 17'" Year of our Dominion over our said Province of Mary-
land Annog Dom 1648
Commission to the Governor and
Council in Maryland
Cecilius Absolute Lord and Proprietor of the Provinces of
Maryland and Avalon Lord Baron of Baltimore &c* to our
trusty and well Beloved William Stone Esq‘ our Lieu‘ of our
said Province of Maryland & to all our Councillors and to our
Freemen or their Deputies in our General Assembly within
that province Greeting whereas we are informd that divers
Laws were enacted in our said Province in Our Name by Cap!
Edward Hill with the Consent of our freemen or their Deputies
or the Major part of them Concern’d in one or more General
Assemblies there in the time when he the said Capt Hill was
Liber C. B.
p- 209
Liber C. B.
Pp. 210
p. 211
220 Proceedings of the Council of Maryland, 1648-1655.
our pretended Lieutenant or Governor of the said Province
although the said Captain Hill had never any never any Lawful
Authority to Act any thing there as our Lieutenant or chief
Governor of that Province nor for acting any thing else Con-
cerning that Government in regard Our dear Brother Leonard
Calvert Esq’ (lately deceased) by whom the said Captain Hill
pretended to be constituted Our Lieut there had no Authority
from us to appoint or Constitute any in that place under us
there but only in Case of his Death or of his Absence from
thence and during such absence only or until we or our heirs
should signify our or their Pleasure to the Contrary and was
also limited by our Commission to him not to appoint or Con-
stitute any Person in either of the aforesaid Cases of Death or
absence to be our Lieutenant or Governor there unless such
Person were of our Privy Council there and residing within
our said Province at the time of such Appointment or Con-
stitution which made the said Captain Hill incapable of that
Place he being not then nor ever of our said Council and
whereas we are inform’d that some of those Laws so enacted
as af‘ are very prejudicial to our rights and Royal Jurisdictions
in the said Province and others of them inconvenient for our
People there we do therefore for the Reasons aforesaid hereby
protest against all the said Captain Edward Hills Proceedings
in the quality of our Lieutenant there as unlawful and do here-
by declare our disassent to all Laws Orders and Ordinances
whatsoever made or enacted by him or in our name as our
Lieutenant there in any General Assembly or otherwise and
whereas we are informd that there have been at Several times
divers other Laws enacted in our said Province both before
and after Captain Hills Assumption and desertion of that pre-
tended place of our Lieutenant there by several others of our
lawful Lieu’ of the said Province for the time being in our
name to and with the Consent and approbation of the Freemen
of our said Province or their Deputies or the Major part of them
which have been since found as we are inform’d too Burthensom
and inconvenient for the People there we therefore tendring
there Good more then our own have seriously Considered of
Certain Acts or Laws hereunto annex’d being sixteen in Number
and written in three Sheets of Parchment each Sheet being
signed by us and all three Jointly together with these Presents
having the Impression of our Greater Seal at Arms affixed
unto them which said Acts or Laws were Proposed unto us for
the Good and quiet Settlement of our Colony and People in
our said Province and we finding them very fit to be enacted
as Laws there do hereby Consent that our said Lieutenant
William Stone shall propose the said Acts or Laws hereunto
annexed as aforesaid to a General Assembly or Assemblies of
Proceedings of the Council of Maryland, 1648-1655. 221
the freemen of our said Province or their deputies and in case
the said freemen or their deputies or the Major part of them
in any such General Assembly within our said Province shall
within twelve months after the date hereof give their Consent
that all and every of the said Acts or Laws jointly Contain’d
in the said three Sheets of Parchment hereunto annexed shall
be enacted for Laws within our said Province by us or our
Lieut there for the time being in our name in such manner and
form “asethey are there written-ordrawen 2-4 so. re 2 A
without any alteration addition or diminution to them or any
of them We do in that Case & not otherwise hereby declare
Our Assent also, th‘ all & Every of the st Acts & Laws may &
shall be enacted And we do in that Case and not otherwise
hereby Enact them for Laws within our said Province and do
also in that Case and not otherwise declare our disassent to all
and every Law or Laws which have been at any time heretofore
Enacted or shall be enacted for Laws or Ordinances in our
name or otherwise within that our said before the publishing
of our Commission there for the making and Constituting of
the said William Stone our Lieut of Our said Province excepting
nevertheless any Act or Acts Law or Laws whereby William
Clayborn now or late of Virginia was or is by that or any other
name attainted or Condemned of any Capital or other Crime
or Crimes or misdemeanors all and every of which Act or Acts
Law or Laws concerning any such Attainder or Condemnation
of the said William Cleyborn we will have still to Continue in
full force and Virtue any thing herein to the Contrary in any
wise notwithstanding Given under our hand and Greater Seal
at Arms at Bath the 12'* day of August in the seventeenth year
of our Dominion over the said Province Anno Dni 1648
A Commission annexed to the
Conditions of Plantation
Anno 1648
Cecilius &c* to our trusty and well Beloved William Stone
Esq" our Lieutenant of our Province of Maryland Greeting
whereas we have thought fit for divers Reasons to Revoke our
former Conditions of Plantation for our said Province of Mary-
land and to propose other Conditions of Plantation for the
future within the said Province which we send you herewith
written in parchment under our hand and Greater Seal at
Arms bearing date the twentieth day of Iune last past and
hereunto annexed and whereas we have likewise herewith sent
you certain draughts or forms of Grants the one of a Mannor
and the other of a Freehold under our hand and Greater Seal
at Arms bearing date with these presents............ and
Liber C. B.
p. 212
p. 185
Liber C. B.
p. 186
p. 187
222 Proceedings of the Council of Maryland, 1648-1655.
hereunto also annexed which forms we would have observed
and no other Mutatis Mutandis et repletis replendis in the
Granting of Lands within the said Province for the future by
Virtue of the said last Conditions of Plantation bearing date as
aforesaid or by Virtue of any other warrant hereafter under
our hand and Seal at Arms for Granting of Lands there ex-
cepting where we shall by any such warrant Give directions to
the Contrary we do therefore declare hereby that we have and
do hereby Revoke from henceforward all former Conditions of
Plantation for our said Province of Maryland heretofore Pro-
posed by us so as we will not have any Land in our said Pro-
vince hereafter Granted from us to any Person whatsoever by
virtue of any of the said former Conditions of Plantation for
or in respect of the Transportation of any Person or Persons
whatsoever into our said Province from and after the date
hereof and we do will and require you to publish this our
declaration in our said Province with all Convenient speed to
the end that all those whom it may Concern may take Notice
thereof and we do hereby authorize and require you till we
or our heirs shall signify our or their Pleasure to the Contrary
from time to time in our name and under our Great Seal of
our said Province to Grant Lands within our said Province to
all Adventurors or Planters to or within the same upon such
terms & Conditions as are expressed in the s* last Conditions
of Plantation and according to the form of Grants above men-
tioned and no otherwise without further and special warrant
hereafter to be obtain’d for the same under our or our heirs
hand and Seal at arms and whereas we are Given to under-
stand that as well divers French men as some People of other
Nations who by our former and also by these last Conditions
of Plantation are not Capable of having any Lands within our
said Province are already seated or may hereafter with ours or
you our Lieutenants Leave there for the time being seat them-
selves in our said Prov® we do hereby therefore authorise you
to make any Person or Persons of French Dutch or Italian
Discent as you shall think fit and who are already planted or
shall hereafter Come and Plant in our said Province Capable
of our said last Conditions of Plantation and do hereby give
you Power to Grants Lands thereupon within our said Prov*
unto them and every of them accordingly as well for and in
respect of themselves as for and in Respect of Any Person or
Persons either of British or Irish or of any other of the Dis-
cents aforesaid which they or any of them and also which any
other person of British or Irish discent shall hereafter with our
or you our said Lieutenants leave transport into our said Pro-
vince in the same and in as ample manner and upon the same
terms and Provisoes are you are hereby our by our Commis-
Proceedings of the Council of Maryland, 1648-1655. 223
sion to you for the Government of the said Province authorized Liber c. B.
to Grant any Lands to any Adventuror or Planter of British or
Irish discent within our said Province Provided always the
Demesnes of no Mannor within our said province which already
is or shall be hereafter set out and appointed for our own par-
ticular use nor any part of our Mannor of West St Marys lying
upon or near St Georges River in our said Province nor any
other Land within our said Province which hath been or shall
hereafter be Granted to any other Person or Persons from us
and is or shall be Confiscated or escheated again unto us or
our heirs shall be Alienated or Granted from us or our heirs
by Virtue hereof without our further and special warrant for
the same to be hereafter Obtain’d under the hand and seal at
Arms of us or our heirs any thing herein to the Contrary not-
withstanding Given at Bath under our hand and Greater Seal
at Arms the twentieth day of August Anno Domini 1648
Conditions Propounded by the Right Honble Cecilius
Lord Baron of Baltimore Lord & Proprietary of the
Province of Maryland &c* to such Persons as shall go
to Plant in the Province afores¢ which Conditions are
to Continue in force till other Conditions of plantation
for the said Province shall be published under his
Lordships or his heirs hand and seal at Arms within
the said Province.
What Person soever being of British or Irish discent (except
hereafter excepted) shall at his own or friends Charge Cause
to be transported into the Province of Maryl? from any other p- 188
place himself or his Deputy with any Number of Persons of the
discent aforesaid and shall Observe the Conditions hereunder
mentioned there shall be Granted unto every such Adventuror
or planter for every twenty persons of the discent aforesaid
which he shall so in any one year at his own or his friends
charges Cause to be transported from any other place thither
a proportion of good land within the said Province Containing
in quantity two thousand Acres of English Measures to be
assigned and to lye all together in some one place within the
said province every which said two thousand acres shall be
erected into a mannor and be Conveyed by Grant under the
Great Seal of the said Province to him his heirs and Assigns
Respectively for ever with such Royalties and Priviledges as
are most usually belonging unto Mannors in Engl? to be
held by some honour of his said Lordships or his heirs within
his said Province in Socage tenure Rendering and paying
Yearly for the first (seven years) after the said Grant unto his
said Lordship and his heirs for every such Mannor at the two
Liber C. B.
p- 189
p. 190
224 Proceedings of the Council of Maryland, 1648-1655.
most usual feasts of the Year (vizt the Annunciation of the
blessed Virgin Mary and St Michael the Arch Angell by even
and caquall Portions of the Rent of Forty Shillings Ster' in
Silver or Gold or the Value thereof in such Commodities as
his said Lordship and his heirs or his or their Officer or Off-
cers appointed by him or them from time to time to Collect
and Receive the same shall accept in discharge thereof and for
the next fourteen years in lieu thereof forty Bushell of Wheat
yearly as is now usually Growing and used in England and
according to English measure or six pounds ster' in silver or
Gold at the Choice of his Lordship and his heirs and after the
said fourteen Years in lieu thereof the twentieth part Yearly
of the Annual yield and profitts of every such Mannor or in
lieu thereof ten pounds Sterling in silver or Gold at the Choice
as aforesaid to his said Lordship and his heirs forever
2 The sixth part of the Land of every mannor which shall
be Granted by Virtue of the said Conditions shall be for ever
after Accompted and known for the demesnes of Every of the
said Mannors respectively which demesnes shall be set forth
in some one Convenient place altogether within every such
mannor by distinct meetes and Bounds for that Purpose and
shall never be Alienated separated or leased from the Royal-
ties and Lord or Lords of the said Respective Mannors from
time to time for the time being for any number of years or other
term exceeding seven years and the respective Lords of every
such mannor and their heirs shall have Power from time to
time and at all times hereafter to Grant or Convey any other
Part of the said mannor respectively (except the Demesne
Land of the same unto any other person or persons of British
or Irish discent either in fee Simple or fee tayle for life lives or
years to be held of him or them as of his or there said mannor
respectively by and under such Rents and Services as he and
they shall think fit not prejudicial to his Lordships Royal Juris-
diction there and so as all and every part of the said Lands so
to be Granted or Conveyed as aforesaid remain still Notwith-
standing still subject and Liable to the Payment of such Rents
dues and Services of every such mannor as are or shall be
from time to time reserved upon the Originall Grant thereof
from his said Lordship and payable to his said Lordship and
his heirs forever
3 What Person soever of the Discent aforesaid (except here-
after excepted shall at his or his friends Charges cause to be
transported any less or Greater number of persons then twenty
of the discent aforesaid into the said Province from any other
place and shall also observe the Conditions hereunder mentioned
he shall have Granted unto him his heirs and Assigns respec-
tively under the Great Seal of the said Province for and in
Proceedings of the Council of Maryland, 1648-1655. 22 5
respect of himself and every such person as aforesaid fifty Acres Liber C. B.
of Good Land lying together in one place within the said Pro-
vince to be holden of some Mannor there of his Lordships and
his heirs in Socage tenure Rendering and paying yearly for
evry fifty Acres to his said Lordship and his heirs for the first
Seven years after the Grant thereof the Rent of one Shilling
Sterling in Silver yearly at the two most usual feasts of the
Year viz' at the Annunciation of the blessed Virgin Mary and
Saint Michael the Arch Angel by even and equal Portions or
the Value thereof in such Commodities as his said Lordship
and his heirs or his & their Officer or Officers appointed by
him or them from time to time to Collect and receive the same
shall Accept in discharge thereof and for the next fourteen
Years in Lieu thereof one Bushell of such Good wheat as is
now usually Growing and used in England or three shillings
Ster' in Silver at the feasts aforesaid by even and equal Portions
yearly at the Choice from time to time of his said Ldshps and
his heirs or of his or their Officer or Officers who shall be
Authorised by him or them from time to time to Collect or
Receive the same and after the said fourteen years in lieu
thereof the twentieth part of the Annual yield and Profits of
every the said fifty Acres yearly or in lieu thereof twenty shil-
lings Sterl in Silver or Gold yearly at the feast Aforesaid and
at the Choice aforesaid to his said Lordship and his heirs for p. 191
ever.
4 Every Adventuror or Planter his heirs and Assigns shall
Cause so many Persons of British or Irish discent from time
to time to Reside or Inhabit upon the Land Granted to him or
them in the said Province as are required by the said Conditions
to be transported thither for the Granting of the said Land and
in default thereof at any time upon a warning Given unto him
or them by such Officers of his said Lordship or his heirs as
shall from time be appointed for that Purpose for supply of the
same such Adventuror or Planter and his heirs and Assigns
shall within one year after such Warning given supply the
number of Persons that shall be so wanting to reside and in-
habit upon the same or in default thereof to pay unto his said
Lordship and his heirs two Bushells of good wheat yearly such
as usually Grows in England for default of every such person
so wanting till such Adventuror or Planter and his heirs and
Assigns shall Comply with this Article of these Conditions
according to the true intent thereof and if the said default
Continue for three Years together then for every man that
shall be so wanting as aforesaid to inhabit and reside upon the
said Land it shall be lawful for his said Lordship and his heirs
to seize upon fifty Acres of the said Land whereon there shall
be at the time of such Seizure no Person of British or Irish
Liber C. B.
Pp. 192
p- 193
226 Proceedings of the Council of Maryland, 1648-1655.
discent then residing or inhabiting and let the same to any
other Person for any term not exceeding three Lives or one
and twenty Years upon such terms and Conditions and under
such Rents and Services as his said Lordship and his heirs
shall think fit paying such Adventurors or planter and his heirs
and Assigns a tenth part of the Rent that shall be paid by any
such Lessee for the same over and above the quit Rent to his
said Lordship and his heirs reserv’d upon the Originall Grant
which shall be first deducted and payed
5 Every man Servant of British or Irish discent that shall be
transported into the said Province at the Cost and Charges of
any other Person or Persons whatsoever of the same discent
shall at the Expiration of the Time of their Service so as it be
not under three years after their Arrival there be accompted a
planter within the said Province and shall have so much Land
Granted unto him his heirs and assigns there from his said
Lordship and his heirs and upon such terms and Conditions
as if such Servant had transported himself into the said province
at his own proper Cost and Charges
6 It is not intended that any Adventuror or Planter shall
have any Land Granted unto him or them for any Person for
or in respect of whom any Land in the s? Province at the time
of such Grant hath been formerly Granted by his said Lordship
7 Every Adventuror or planter that shall have any Lands
granted unto him by Virtue of these Conditions before any
Grant be delivered to him and before it shall enter to his Benefit
shall take within the said Province the Oath of Fidelity to his
Lordship and his Heirs Lord and Proprietarys of the s* Province
hereunder specified
shy Every Adventuror or planter that shall have any Lands
by Virtue of these Conditions shall pay such fees to his Lord-
ships Officers within the said Province for their Respective
Grants of the said Land as are or have been usually paid to
the like Officers in Virginia for the like Grants in that Colony
or as have been paid for the like in Maryland or as is or
shall be appointed by Act of a General Assembly there so as
they be not less then then the said fees usually paid in Virginia
or which have been paid for the like in Maryland
9 Every Adventuror or Planter shall have all such Lands
as shall become due unto him by virtue of the said Con-
ditions assigned unto him in such Parts or Places of the
said province as his Lordship or his heirs or his or their Lieu-
tenant or other chief Governor there together with his Ldshps
Secretary and Surveyor General there for the time being shall
from time to time appoint for the General Good of his Ldshps
Colony there and the reasonable Convenience and Commodity
of every such Adventuror or Planter
Proceedings of the Council of Maryland, 1648-1655. 227
10 His Lordship doth except out of these Conditions of Liber C. B.
Plantation all Corporations Societies Fraternities Guilds and
Bodies Politick as well Spiritual as Temporal and every of
them and do declare that he doth not intend that they or any
of them shall be Capable of or have any Benefit by Virtue of
those Conditions to Inherit Possess or Enjoy any Land within
the said Province either in their own name or Right or in the
name or names or right of any other Person or Persons what-
soever to the use Interest or Benefit of or Interest of any such
Corporation Guild Bodys Politick Societies fraternities or any
of them as aforesaid without further particular and_ special
License first had and Obtain’d therefore under his Lordships
hand and seal at Arms
tt In case his Lordship shall think fit to except any other
Person or Persons from having any Land within the said Pro-
vince by Virtue of these Conditions and shall Cause Notice to
be Given to such Person or Persons of such Exception such p. 194
Person and Persons so to be excepted by his Lordship shall
not from and after six months next ensuing after such notice
Given as aforesaid have any future Benefit to be Capable of
hav? any Land within the said Province by virtue of the said
Conditions for or in respect of any Person or Persons which
shall be afterwards transported into the said Province without
further special License under his Lordships hand and Seal at
Arms for the same
12 No Adventuror or Planter to or in the said Province or
any of them who shall have any Land due unto them him or
her there by Virtue of the said Conditions nor there heirs or
Assigns shall Give Grant sell Aliene or Assign any of those
Lands Tenements Heredit™S within the said Province which
shall be Assigned or Granted unto him or them from his said
Lordship or his heirs or which such Adventurors or Planters
or any of them shall possess and Enjoy by Virtue of the said
Conditions to any Corporation Society Fraternity Guild or
Body Politick either Spiritual or Temporal or to any other
Person or Persons whatsoever in trust for them or any of them
or to such use or uses or any use or uses Comprized men-
tioned or forbidden in any of the Statutes of Mortmayne here-
tofore made in the Kingdom of England at any time before
the Reign of Henry the Eighth who was King of that Realm
without particular or special License first had and Obtain’d for
that Purpose under the hand and Seal at Arms of his Lordship
or his heirs upon pain or forfeiture of all such Lands unto his
Lordship & his Heirs
13 Every person whatsoever as shall Claim any Proportion
of Land in the said Province of Maryland by Virtue of the said
Conditions shall demand of his Lordship or his heirs or of his
or their Lieutenant or chief Governor of the said Province for p. 195
Liber C. B.
Liber B.
Pp. 205
228 Proceedings of the Council of Maryland, 1648-1655.
that time being a Grant under the Great Seal of the said Pro-
vince of the said Lands so due to him within one whole year
next after the said Lands shall be due unto him and if any Ad-
venturor or Planter shall Neglect to make the said demand
within the time above mentioned or that he or his heirs or
Assigns shall refuse at any time to accept of a Grant from his
Lordship or his heirs under the Great Seal of the said Pro-
vince of such Lands as shall from time to time be due unto
any such Adventuror or Planter by Virtue of the said Condi-
tions when it shall be Offered unto him or them by his said
Lordship or his heirs or by his or their Lieutenant or chief
Governor there or by his or their Secretary within the said
Province for the time being or shall not perform all things
which are Required by the said Conditions to be performed by
every such Adventuror or Planter then every such Adventuror
or Planter shall for ever after loose their respective rights and
pretences to the said Land
14 Because all Secret Trusts are usually intended to deceive
either the Government or State where they are made or some
other Persons and by experience are found to Occasion many
suits and dissentions therefore no Adventuror or Planter shall
take any Grant from his Lordship under the Great Seal of the
Province of any Lands there by Virtue of these Conditions in
trust for any other Person or Persons or to any other use or uses
then what shall be expressed in the said several and respective
Grants upon pain of forfeiture of the said Lands to his Lordship
or his heirs when any such Secrett Trust or Uses shall be truly
discovered
[Sworn to the Oath of Fealty.]
1047 3.2
Richard Brown 27 June iar Johnson 3? Septemb*
Robert Kedger John Courts 12" Sept*
Thomas Waggott 3? July John Walton 224 Septt
W™ Wheatley 18' July W™ Yewell 224 Dect
Thomas Bushell 24 Christopher Russell 12 Nov*
John Harwood 31 Robt Ward 14" ffebty
John Grimesditch 1 Aug Robert Smith 4 March
John Paulett A
John Deara | 20 us
1648.
Thomas Asbrook 15 July Phillip Land 20 Decemb
John Asbrook 15 July M* Cuth: ffenwick 9° ffebty
Tho Warr 4° August James Hare 15 March
George Manners 4° John Ashley 15° March
M* Richard Brown 17 Novemb Ralph Beane 15 March
W™ Edwin 15 Decemb
John Shertcliffe 15 Decemb
James Langworth 15 Decemb
Proceedings of the Council of Maryland, 1648-1655. 229
Mem* that I Thomas Hatton by Vertue of my Comission Liber A.
from the right ho'* the Lord Baltemore of being his Lopps P 745
Secretary of this Province did vppon the 24 day of this p'sent
Moneth being the first day of the Assembly receive into my
custody this Booke of Entries. before the Governor and Counsell
then mett together, this being the nyneth day of Aprill Anno
dni 1649.
This being th® last day of th® Cou't, & th* last Cou't for this
p’nt yeare. The Gouerno’ appoynted & nominated M' Phillip
Land High Sheriffe of St Maries County for this next yeare
following. Who was thereuppon Sworne in open Cou't.
By the Leiveten*nt &c of Maryland 1649
Procl published eod Whereas the right ho the Lord Pro-
prietary of this Province is given to vnderstand that divers
Adventurers or Planters haue for a long time for borne
neglected or refused to take Grants from his Lopp of all
such lands within this Province as haue beene or are
due vnto them from time to time by vertue of severall
Condicons of Plantacon heretofore propounded by his Lopp
(contrary to the true intent and meaning of the said Con-
dicons) though some of the said lands haue beene due to
some of the said Adventurers or Planters by the space of
divers yeares past, w" course can pduce noe good effects to
any such Adventurers or Planters or to his Lopp, but must
needes in spces of time make such Adventurers rights &
p’tences to land there very doubtfull, begetting nothing els but
difficulties and confusions, and his Lopp thereby also receives
great p‘iudice in the non paym's of such Rents for a long time
w are due and payable vnto him from such Adventurers or
Planters if they had or did take Grants of all such lands due
vnto them in convenient time as they ought to haue done And
whereas there may bee divers that would but could not haue
any Grants passed to them for any lands due vnto them since
ffebruary 1644. about w time his Lopps Great Seale of this
Province was violently taken from hence, and noe other here
since till nowe that his Lopp hath sent a newe Great Seale
hither His Lopp therefore doth declare that it is his will &
pleasure that all such persons nowe resident within this Pro-
vince or within the Collony of Virginia that p"tend any right
to any lands w™ haue beene due vnto him her or them within
this Province by vertue of any Condicons of Plantacon or any
other Warrant vnder his Lopps hand & Seale at any time be-
fore the 17° day of March last past for w™ noe Grants vnder
his Lopps Greate Seale here are passed vnto them shall some
Pp. 322
Liber A.
P. 245
230 Proceedings of the Council of Maryland, 1648-1655.
time before the first day of November next ensueing the date
hereof come and make theire right appeare vnto mee his Lopps
Leiveten‘nt of this Province or to such deputy as I shall ordaine
and appoint in case of my absence or death) for the Goverm'
of this Province vnder his Lopp, w™ they p'tend to all or any
such lands here as aforesaid, and after survey thereof and be-
fore the said first day of November next demand Grants of
mee or such deputy as aforesaid for the same vnder his Lopps
great Seale of this Province before menconed, and therevppon
they shall haue Grants speedily passed vnto them according to
Justice As his Lopp requires mee his said Leiveten*nt to per-
forme vnto them And in regard there may bee some person or
persons nowe absent out of this Province & Virginia w" haue
or pretend to haue right vnto lands here due by such Condicons
or warrant before expressed, and cannot by reason®of such ab-
sence in convenient time haue notice hereof. Such person or
persons soe absent as aforesaid shall haue liberty till the 25"
day of March next after the date of this Proclamacon to make
such theire right to land within this Province to appeare and to
demand Grants for the same in manner as aforesaid And all
such person & persons before menconed who shall neglect or
refuse to comply herewith must blame theire owne obstinacy if
hereafter they bee refused any such Grants, w" his Lopp in
that case hath appointed mee to refuse to grant vnto them
when phapps they would bee willing to haue them w™ his Lopp
in Justice may doe, for hee having once offered them Grants
and they refuseing his Lopp hath performed his Condicons on
his part and is wholy disobliged in honor iustice & conscience
from alloweing or offering the same againe Given at St Maries
the 13‘ day of Aprill Anno dni 1649
Willm Stone
16° April p'dict M* Willm Bretton with his owne hands in
the House of Assembly delivered to mee this booke and another
lesser booke with a :pchm' cover divers of the leaves thereof
having beene cutt or torne out and many of them being loose
& much worne & defaced, together alsoe with divers other
papers & writings bound together in a bundle and then vppon
the delivery of them made oath That those were all the bookes
of Record papers draughts p'sidents or other writings that hee
had could come by or knowe of within this Province w® belonged
to the Secretary or Register of this Province or theire Office or
Offices Except some Warrants and some draughts of M° Hills
time, and some fewe other papers of little consequence w™ hee
pmised to deliver to mee ere longe
Ita testor Tho: Hatton Secr.
Proceedings of the Council of Maryland, 1648-1655. 231
{Commission to Thomas Greene. |
Whereas I Capt Willm Stone Leiveten*nt &c of this Province
of Mariland by Comission from the right ho" the Lord Pro-
prietary of the same, (having occasion to bee for some tyme
absent out of this Province) doe by vertue of and according to
the power and authority to mee granted by the said Comission
nominate elect and appoint Thomas Greene Esq to bee his
said Lopps Leiveten*nt Generall Chancellor Keep of the great
Seale Admirall cheife Justice Magistrate and Comander as well
by Sea as by land of this his Lopps Province of Maryland and
the Islands to the same belonging during my absence out of
this Province or vntill his Lopp or his heires signify his or
theire pleasure to the contrary in as large and ample manner
as his Lopp hath by the said Comission authorized mee to
governe for the p'sent. But in case of the said M* Greenes
refusall I doe hereby nominate elect and appoint M* Thomas
Hatton his Lopps Secretary for the purpose aforesaid Witnes
my hand this 2 day of May Anno dni 1649
William Stone.
A Commission annexed to the
Conditions of Plantation de
Anno 1649
Coby
Cecilius &c* to our trusty and well Beloved our Lieutenant
of our Province of Maryland for the time being Greeting
whereas we are informed that our Conditions of plantation
bearing date the 20 of June in the Year of our Lord God
1648 and sent by us the last Year to be published within our
said Province of Maryland are not like to Give sufficient en-
couragement to many to adventure or Plant there we tendring
more the safety and prosperity of the present inhabitants there
then our own particular advantage to the end that others may
be encouraged to adventure and plant in the said Province
whereby the People already there may be the more strengthned
against any Foreign Enemies we have thought fit to revoke
and do hereby Revoke our former Conditions of Plantation for
our said Province of Maryland and to propose other Conditions
of Plantation for the future within the said Province which we
send you herewith (written in Parchment under our hand and
Greater Seal at Arms bearing date this present second day of
Iuly in the Year of our Lord God 1649 and hereunto annexed
and whereas we have likewise sent you herewith certain draughts
of forms of Grants of a Mannor and of a freehold under our
hand and Greater Seal at Arms and hereunto also annexed
which forms we would have Observed and none other Mutatis
Liber A.
p. 246
Liber C. B.
p. 220
p. 221
Liber C. B.
p- 222
Pp. 223
232 Proceedings of the Council of Maryland, 1648-1655.
Mutandis & Repletis Replendis) in the Granting of any Lands
within the said Province for the future by Virtue of the said
last Conditions of Plantation Bearing date as aforesaid or by
vertue of any warrant here after under our hand and seal at
Arms for Granting of Lands there (excepting where we shall
by any such warrant give directions to the Contrary) we do
therefore hereby declare that we have and do hereby Revoke
from henceforwards all former Conditions of Plantation for our
said Province of Maryl’ heretofore proposed by us so as we
will not have any Land in our said Province hereafter Granted
from us to any Person whatsoever by Virtue of the aforesaid
Conditions of Plantation for or in Respect of the Transportation
of any Person or Persons whatsoever into Our said Province
from and after the date hereof and we do will and require you
to publish this our Declaration in our said Province with all
Convenient speed to the end that all those whom it doth or
may Concern may take Notice thereof and we do hereby
authorise and Require you till we or our heirs shall signify our
or their Pleasure to the Contrary) from time to time in our
name and under the Great Seal of the said Province of Mary-
land to Grant Lands within our said Province to all Adventurors
or Planters to or within the same upon such terms and Condi-
tions as are expressed in the said last Conditions of Plantation
bearing date with these presents and according to the forms of
Grants above mentioned and no otherwise without further and
special warrant hereafter to be obtain? for the same under our
or our heirs hand and seal at Arms and whereas we are Given
to understand that as well divers Frenchmen ..........
as some People of other Nations who by our former as also and
also by these last Conditions of Plantation are not Capable of
having any Lands within our said Province are already seated
or may hereafter with our or you our Lieutenants leave there
for the time being seat themselves in our said Province we do
hereby therefore Authorise you to make any Person or Persons
of French Dutch or Italian discent as you shall think fit and
who either are already planted or shall hereafter come and
Plant in our said province Capable of our said last Conditions
of Plantation and do hereby Give you Power to Grant Lands
thereupon within our said Province unto them and every of
them accordingly as well for and in respect of themselves
og er aS ea wae ar a as for and in respect of any
Person or Persons of British or Irish discent or of any of the
other discents aforesaid which they or any of them and also
which any other Person of British or Irish discent shall hereafter
with our or you our said Lieutenants Leave transport into the
said province in the same and in as ample manner and upon
the same terms and Provisoes as you are hereby or by our
Proceedings of the Council of Maryland, 1648-1655. 233
Commission to you for the Government of the said Province Liber C. B.
authorised to Grant any Lands to any Adventuror or Planter
of British or Irish discent within our said Province Provided
always the Demesnes of no Mannor within our said Province
which already is or hereafter shall be set out and appointed for
Our own particular use nor any part of our Mannor of West
Saint Marys lying upon or near Saint Georges River in our
said Province nor any other Land within our said Province
which hath been or shall be Granted to any other Person
or Persons from us and is or shall be Confiscated or escheated
again to us or our heirs shall be alienated or Granted from us
or our heirs without further and special warrant for the same
to be hereafter Obtained under the hand and seal at Arms of
us and our heirs any thing herein to the Contrary in any wise
notwithstanding Given at London under our hand and Greater
seal at Arms the second day of Iuly in the Year of our Lord
God 1649 ;
Conditions propounded by the Right Honble Cecilius
Lord Baron of Baltimore Lord and Prop of the Pro-
vince of Maryland to such Persons as shall go to Plant
in the Province aforesaid which Conditions are to Con-
tinue in force till other Conditions of Plantation for the
said Province shall be published under his Lordships or
his heirs hand and Seal at Arms within the said Pro-
vince
CB
Imprimis what Person soever being of British or Irish discent
(except hereafter excepted) shall at his own or Friends Charges
Cause to be transported into the Province of Maryland from
any other Place himself or his deputy with any number Num- p. 224
ber of Persons of the discent aforesaid and shall Observe the
Conditions hereunder mentioned there shall be Granted to
every such Adventuror or Planter for every thirty persons of
the discent aforesaid which he shall so in any one Year at his
own or his friends Charges cause to be transported from any
other place thither a Proportion of Good Land within the said
Province Containing in quantity three thousand Acres of Eng-
lish measure to be assigned and lye altogether in some one
place within the said Province every of which said 3000 Acres
shall be erected into a Mannor and be Conveyed by Grant
under the Great Seal of the said Province to him his heirs and
Assigns Respectively for ever with such Royalties and Privi-
ledges as are most usually belonging to Mannors in England
to be held of some Honour of his Lordshps or his heirs within
the said Province in Socage tenure Rendring and paying
therefore Yearly unto his said Lordship and his heirs for every
Liber C. B.
p. 225
Pp. 226
234 Proceedings of the Council of Maryland, 1648-1655.
such Mannor at the two most usual feasts of the Year viz‘ the
Annunciation of the Blessed Virgin Mary and Saint Michael
the Arch Angell by even and equal Portions the Rent of three
Pounds Sterling or the Value thereof in such Commodities as
his said Lordship and his heirs or his or their Officer or
Officers appointed by him or them from time to time to Col-
lect and Receive the same shall accept in discharge thereof
The sixth part of the Land of every mannor which shall be
Granted by Virtue of these Conditions shall be for ever after
Accompted and known for the Demesnes of every of the said
Mannors respectively which Demesnes shall be set forth in
some one Convenient place altogether by distant meetes and
Bounds for that purpose and shall never be Alienated Separated
or Leased from the Royalties and Lord or Lords of the said
Respective Mannors from time to time for the time being) for
any number of Years or other term exceeding seven years and
the respective Lords of every such Mannor and his heirs shall
have Power from time to time and at all times hereafter to
Grant or Convey any other Part of the said Mannor respec-
tively (except the Demesnes Land of the same) unto any
other Person or Persons of British or Irish Discent either in
fee Simple or fee Tail for Life Lives or Years to be held of
him or them as of his or their said Mannors respectively by and
under such Rents and Services as he or they shall think fit not
prejudicial to his Lordships Royal Jurisdiction here and so as
all and every part of the said Lands so to be Granted and
Conveyed as aforesaid remain notwithstanding subject still
and liable to the payment of Such Rents dues and services of
every such mannor as are or shall be from time to time Re-
served upon the Originall Grant thereof from his said Lordship
and payable to his said Lordship and his heirs forever
What Person soever of the discent Aforesaid (except here-
after excepted) shall at his or his Friends Charges Cause to be
Transported any lesser or Greater Number of Persons then
Mek fei ake Ee thirty of the discent aforesaid into the said Province
from any other Place and shall also Observe the Conditions
hereunder menconed shall have Granted unto him his heirs
and Assigns Respectively under the Great Seal of the Pro-
vince for and in Respect of himself and every such Person as
aforesaid an hundred Acres of Good Land lying together in
one place within the s* Province to be holden of some Mannor
there of his said Lordships and his heirs in Socage Tenure
rendring and paying yearly for every hundred Acres to his
said Lordship and his heirs the Rent of two Shillings Sterling
in in Silver Yearly at the two most usual feasts of the Year
(viz') at the Annunciation of the Blessed Virgin Mary & Saint
Michael the Arch Angell by even and equal Portions or the
Proceedings of the Council of Maryland, 1648-1655. 235
full Value thereof in such Commodities as his said Lordship Liber €. B.
and his heirs or his or their Officer or Officers Appointed by
him or them from time to time to Collect or Receive the same
shall accept in discharge thereof
4 It is not intended that any Adventuror or Planter shall
have any Lands Granted to him or them for any Person for or
in respect of whom any Land in the said Province at the time
of such Grant hath been formerly Granted by his said Lord-
ship
5 Every Adventuror or Planter of or above the Age of six-
teen Years to whom any Land shall be Granted by Virtue of
these Conditions and also every other Person and Persons of
or above the Age of Sixteen years for or in Respect of whom
any Lands shall be Granted by Virtue of the said Conditions
before any such Grant be Passed unto any such Adventuror or
Planter and before it.shall inure ..... to his Benefit shall take
within the said Province the Oath of Fidelity to his said Lord-
ship and his heirs Lords and Proprietarys of the said Province
hereunder specified
6 Every Adventuror or Planter that shall have any Lands
by Virtue of these Conditions shall pay such fees to his
_ Ldshps Officers within the said Province for their Respective
Grant of the said Lands as are or have been usually paid to
the like Officers in Virginia for the like Grants in that Colony
or as have been paid for the like in Maryland or as is or shall
be appointed by Act of a General Assembly there so as they
be not less then the said fees usually paid in Virginia or which
have been paid for the like in Maryland
7 Every Adventuror or Planter shall have all such Lands as p. 227
shall become due to him by Virtue of these Conditions assigned
to him in such Parts or Places of the said Province as his Lord-
ship or his heirs or his or their Lieutenant or other chief Gov-
ernor there together with his Lordships Secretary and Sur-
veyor General there for the time being shall from time to time
appoint for the General Good of his Lordships Colony there
and the Reasonable Convenience and Commodity of every
such Adventuror and Planter
8 His Lordship doth except out of these Conditions of Plan-
tation all Corporations Societies Fraternities Guilds and Bodys
Politick as well Spirutual and Temporal and every of them and
doth declare that he doth not intend that they or any of them
shall be Capable of or have any Benefit by Virtue of these
Conditions to inherit Possess or Enjoy any Land within the
said Province either in their own name or right or in the name
or namesor right of any other Person or Persons whatsoever to
the use Interest or Benefit of or in trust for any such Corporation
Guild Bodies Politick Societies or Fraternities or any of them
Liber C. B.
p. 228
p. 229
236 Proceedings of the Council of Maryland, 1648-1655.
as aforesaid without further particular and especial License
first had and Obtain’d therefore under his Lordships hand and
Seal at Arms
9 In Case his Lordship shall think fit to except any other
Person or Persons from having any Land within the said Pro-
vince by Virtue of these Conditions and shall Cause Notice to
be Given to such Person or Persons of such Exceptions
such Person or Persons so to be excepted by his said
Lordship shall not from and after six months next ensuing
after such notice Given as aforesaid have any future Benefit or
be Capable of hav* any Land within the said Province by Vir-
tue of these Conditions for or in respect of any Person or Per-
sons which shall be transported into the said Province without
further especial License under his Lordships hand and Seal at
Arms for the same
10 No Adventuror or planter to or in the said Province or
any of them who shall have any Lands due unto him her or
them by Virtue of these Conditions nor their Heirs nor
Assigns shall give Grant sell Alien or assign any of those
Lands tenements or hereditraments within the said Province
(which shall be assigned or Granted unto him or them from
his said Lordship or his heirs or which such Adventurors or
Planters or any of them shall Possess and enjoy by Virtue of
these Conditions) to any Corporation Society Fraternity Guild
or Body Politick either Spirutual or Temporal or to any other
Person or Persons in trust for them or any of them or to such
use or uses or to any use or Uses Comprized mentioned or
forbidden in any of the Statutes of Mortmayne heretofore
made in the Kingdom of England at any time before the
Reign of Henry the Eighth who was King of that Realm with-
out particular and especial License first had and Obtained for
that purpose under the hand and the Seal at Arms of his Lord-
ship or his heirs upon pain of forfeiture of all such Lands to
his said Ldshp and his heirs
11 Every Person whatsoever that shall Claim any Propor-
tion of Land in the said Province of Maryland by Virtue of
these Conditions shall demand of his Lordship or his heirs or
of his or their Lieutenant or chief Governor of the said Pro-
vince for the time being a Grant under the Great Seal of the
said Province for the Lands so due to him within one year
next After the said Lands shall be due unto him and if any
Adventuror or Planter shall neglect to make the said demand
within the time above mentioned or that he or his heirs or
Assigns shall refuse at any time to accept of a Grant from his
Lordship or his heirs under the Great Seal of the said Province
of such Lands as shall be from time to time due to any such
Adventuror or Planter by Virtue of these Conditions when it
Proceedings of the Council of Maryland, 1648-1655. 237
shall be Offered unto him or them by his said Lordship or his Liber c. B.
heirs or by his or their Lieutenant or chief Governor there or
a er I err on de Ad CP SaaS TOM» Si elat ci etad eae his or their
Secretary within the said Province for the time being or shall
not perform all things which are Required by these Conditions
to be performed by every such Adventuror or Planter Then
Every such Adventurer or Planter shall for ever after loose
their Respective Rights and Pretences to the said Land
Because all Secrett trusts are usually intended to deceive
either the Government and State where they are made or some
other Persons and by Experience are found to occasion many
suits and dissentions therefore no Adventuror or Planter shall
take any Grant from his Lordship under the Great Seal of the
said Province of any Lands there by Virtue of these Conditions
in trust for any other Person or Persons or to any other use or
uses then what shall be expressed in the said several and Re-
spective Grants upon pain of forfeiture of the said Lands unto
his Lordship and his heirs when any ...... 7 suchpectett
trust or uses shall be truly discovered
Given at London under his Lordships hand and
Greater Seal at Arms the Second day of luly
1649
The Oath of Fidelity and the forms of Grants before
Mentioned in the Commission and Conditions of Plan-
tation here last before entered are the same here form-
erly entered upon Record with his Lordships Conditions
of Plantation de Anno 1648 Fol
Commission p Brooke p. 232
iB:
Cecilius Absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Baron of Baltimore &c* to our
right trusty and Wellbeloved William Stone Esq‘ our Lieuten-
ant of the said Province of Maryl? and to the rest of our Council
and other Officers there and to all others whom these may
Concern Greeting whereas our trusty and well Beloved Robert
Brooke Esq’ doth this next Summers Expedition intend to
transport himself his wife Eight Sons and family and a Great
Number of other Persons into our said Province of Maryland
there to erect make and settle a Considerable Plantation now
we having good Experience of the Honour worth and abilities
of the said Robert Brooke and of his faithfulness to us and his p. 233
real desires and intentions for the Good and Prosperity of our
said Province Know yee that we do hereby Constitute and
appoint him the said Robert Brooke to be Commander under
us and our heirs and our and their Lieutenant of the said Pro-
Liber C. B.
Pp. 234
238 Proceedings of the Council of Maryland, 1648-1655.
vince for the time being of one whole County within our said
Province of Maryland to be newly set forth erected Nominated
and Appointed for that Purpose round about and next Ad-
joyning to the place he shall so settle and Plant in Provided
that the said County and such Place of his Settlement and
Plantation their or any part thereof do not extend into or
intrench upon any County or Countys already nominated setled
or disposed of there and to be allotted set out and apportioned
by such a quantity and number of miles and such extend and
Circumference of Ground as other Countys in our said Province
or as Counties in Virginia are usually allotted elected and ex-
tended by the best ways and means that our said Lieutenant
and he the said Robert Brooke and other our Officers there
can find out devise or advise and we do hereby Grant unto him
the said Robert Brooke all such Honours Dignities Priviledges
fees Perquisites Profits and immunities as are belonging to the
said Place and Office of Commander of the said County and
as are used and enjoyed by other Commanders of the County
of the Isle of Kent or any other County in the said Province to
have and to hold the said Place and Office and all Honours
Dignities fees Perquisites Profits and immunities as aforesaid
untill we or our heirs shall signify our or their Pleasure to the
Contrary under our or their hand and Seal at Arms And we
do hereby further Grant unto him the said Robert Brooke full
Power and Authority to elect and Choose any six or more such
able and sufficient men Inhabitants of the said County as he in
his discretion shall think fit (to be approved of from time to time
by us or our heirs or by our or their Lieut of the said Province
for the time being) with whom he shall advise and Consult in
all matters of importance whom we do hereby appoint shall be
by our Lieutenant for the time being from time to time author-
ized under the Great Seal of our said Province Commissioners
for that Purpose and for Conservation of the Peace of the said
County in such manner as others are appointed in our said
County of the Isle of Kent and we do hereby further impower
him the said Robert Brooke to appoint and Call a Court or
Courts within the Precints of the said County as often as there
shall be Cause and in the said Court or Courts to award in our
name all manner of Process hold pleas and finally to hear and
determine all Civil Causes and Actions whatsoever happening
and arising between any of the Inhabitants of the said County
not exceeding in damages or demands the Value of ten Pounds
Sterling as also with the Assistance of the said Commissioners
or any three or more of them to hear and finally to determine.
all matters and Offences whatsoever Criminal hapning and
Committed within the said County which may be heard and
determined by any of the Justices of Peace in England in their
Proceedings of the Council of Maryland, 1648-1655. 239
Courts of Sessions not extending to Life or member and we do
further hereby authorise him the said Robert Brook to do use
and execute all and all manner of Jurisdiction Power and
Authority whatsoever for Conservation of the peace of the said
County as are or Ought to be used by our Commander of the
said County of the Isle of Kent or by the Commander of any
other County there and further that he the said Robert Brooke
shall from time to time during his being Commander of the
said County have Power to elect and appoint such a fit and
able Person to be Sheriff of the said County as shall be ap-
proved of by us or our heirs or our or their Lieut of the said
Province for the time being and to elect and appoint all other
necessary & inferiour Officers for the Execution of Iustice and
Conservation of the Peace within the said County with Allow-
ance of such fees as are usually belonging to the same or the
like Officers have in our said Counties of the Isle of Kent and
to do all other lawful Acts and things which shall be necessary
for the execution of the Power and Iurisd" hereby Committed
unto him by us and we do hereby further will and Require you
our said Lieutenant of the said Province to Grant unto him the
said Robert Brooke a Commission or Commissions under our
said Great Seal of our said Province of Maryland to be Com-
mander in chief next under you of all the Forces which shall
be Armed levied or Raised in the said County and Power
upon any extraordinary Occasion or invasion to arm and array
the Inhabitants of the said County and to appoint inferior
Officers over them and to lead and Conduct them against all
Indians and other the Foreign Enemies thereof and in such
Case to fortify any Place or Places in the said County for the
better defence thereof in such manner and form and with such
Power and Authority as Commissions of that nature are usually
made and Granted and we do hereby further will and Grant
that he the said Robert Brooke shall from time to time have
leave and liberty for his security and better defence against the
Indians and other Foreign Enemies (to fortify and Strengthen
such place or Places) which shall by us or our heirs or by our
or their Lieutenant of the said Province for the time being be
thought Convenient and approved of for that purpose) upon
the Lands allotted or to be allotted to the said Robert Brooke
his heirs or Assigns w'*in the said County for his or their In-
heritance as aforesaid and we do hereby further will and appoint
that this our Grant shall be inrolled and Registered in the
Common Registry of the said Province for the better Confir-
mation and manifestation thereof (for which usual fees are to
be paid) and the Inrollment or Registry thereof shall be from
time to time a sufficient warrant and discharge to you our said
Lieutenant and other our Officers there for the Granting and
Liber C. B.
P- 235
p. 236
Liber C. B.
p- 240
p- 241
240 Proceedings of the Council of Maryland, 1648-1655.
performing all the Acts and things hereby required and en-
joyned you to perform and do as aforesaid Given under our
hand and Greater Seal at Arms this twentieth day of September
in the eighteenth year of our Dominion over the said Province
Annog Dni one thousand six hundred forty and nine
x
p Gilbton Crouch Secretary
Brooke Esq’ of the Council
C Baltimore |
Cecilius &c* to our trusty and well Beloved William Stone
Esq‘ our Lieutenant of the said Province of Maryland and to
the rest of our Council and other Officers there and to all
others whom it may Concern Greeting whereas our trusty and
well Beloved Robert Brooke Esq’ doth this next Summers Ex-
pedition intend to transport himself his wife eight Sons and
family and a Great number of other persons and Good Store
of Provision and Ammunition into our said Province of Mary-
land there to erect make and settle a Considerable Plantation
Now know yee that we having good experience of the Honour
worth and Abilities of the said Robert Brooke and Reposing
especial trust and Confidence in his wisdom diligence and
experience do upon such his settlement and plantation in our
said Province as aforesaid by these Presents Constitute and
Appoint him the said Robert Brooke to be one of our Privy
Council of State within our said Province of Maryland until
we or our heirs shall signify our or their Pleasure under our or
their hand and seal at Arms to the Contrary and we do here-
by Give and Grant unto him the said Robert Brooke full
Power and Authority for that Purpose from time to time and
at all times during his so being of our Privy Council to meet
and assemble himself in Council upon all Occasions.............6.
with our Lieutenant of the said Province for the time being
and others of our Council there and in all things to do and
Act with them as of one of our Privy Council of the said pro-
vince in as ample manner and form as any other Privy Coun-
cillor can may or ought to do (as being of our Privy Council
there and we do hereby further will and Grant that he the said
Rob‘ Brooke shall have receive and enjoy all such Powers Dig-
nities Preheminences lurisdictions priviledges immunities and
Advantages whatsoever which are belonging and incident to
one of our Privy Councillors there in as large and ample Man-
ner and form as any other Privy Councillor of our said Pro-
vince (as a Privy Councillor there) may can or ought to have
and enjoy by force and Virtue of any Grant Commission or
warrant from us for that Purpose and upon such his Settle-
Proceedings of the Council of Maryland, 1648-1655. 241
ment and Plantation in our said Province as af? We do further
hereby Constitute and appoint him the said Robert Brooke to
be one of our Justices and Commissioners for Conservation of
the Peace of our said Province of Maryl* until we or our heirs
shall signify our or their Pleasure to the Contrary and we do
hereby also Grant unto him the said Robert Brooke full Power
and Authority during the said time to Act as a Justice of
Peace throughout the said Prov’ of Maryland in as full and
ample manner and form as any other our Justices and Com-
missioners for Conservation of the Peace of the said Province
may can or ought to do According to the Powers given them
or any of them by Grant or Commission from us for that Pur-
pose and upon such his settlement and Plantation in the s?
Province as aforesaid we do hereby will and require you and
every of you that he the said Robert Brooke may be Received
of you and every of you according to that Condition and quali-
fication and may then have use and enjoy the Powers dignities
& Priviledges and immunities of right due and belonging to
him as one of our Privy Council and Justice of Peace within
our said Province of Maryland and we do further will Require
and Appoint that this our Grant shall be inrolled and Registred
in the Common Registry of our said Province of Maryland for
the better Confirmation and manifestation thereof (for which
usual fees are to be paid) and the Inrollment and Registry
thereof shall be from time to time a sufficient Warrant and dis-
charge to you our Lieutenant and other Officers there for
your suffering performing and doing all the Acts and things
hereby required and enjoyned you to suffer perform and do as
aforesaid Given under our hand and Greater Seal at Arms the
20" day of September in the 18'* Year of our Dominion over
the said Province Annog Dni 1649
[Commission to Thomas Greene. ]
Whereas I Capt William Stone Leiveten*nt &c of this Pro-
vince by Comission from the right hoble the Lord Baltemore
Lord Proprietary of the same (having occasion to bee for some-
time absent out of this Province) doe by vertue of and according
to the power and authority to mee granted by the said Comis-
sion nominate elect & appoint Thomas Greene esq‘ to bee his
Lopps Leiveten*nt, Generall, Chauncellor or Keeper of the
great Seale Admirall, cheife Justice, Magistrate, and Com-
mander as well by sea as by land of this his Lopps Province of
Maryland and the Islands to the same belonging during my
absence out of this Province or vntill his Lopp or his heires
signify his or theire pleasure to the contrary in as large and
ample manner as his Lopp hath by the said Comission author-
Liber C. Bb.
p. 242
Liber A.
p-. 276
Liber A.
Liber C. B.
p. 238
Pp. 239
Pp. 240
Liber A.
P- 323
242 Proceedings of the Council of Maryland, 1648-1655.
ized mee to governe for the p'sent But in case of the said M*
Greenes refusall I doe hereby nominate elect & appoint M’*
Thomas Hatton his Lopps Secretary for the purpose aforesaid
Witnes my hand this twentieth day of September 1649
William Stone
Mr’ Eltonhead one of the Council
Cr:
Cecilius &c* to our trusty and well Beloved Will™ Eltonhead
Esq’ Greeting Know yee that we reposing special trust and
Confidence in your Wisdom diligence and Experience do by
these presents constitute and appoint you to be One of our
Privy Council of State within our said Province of Maryland
until we or our heirs shall signify our or their Pleasure to the
Contrary and we hereby Give unto you full Power and Author-
ity for that purpose from time to time and at all times during
your so being of our Privy Council to meet and Assemble your
self in Council upon all Occasions with our Governor and
others of our Council there and in all things to do and act with
them as one of our Privy Council of the said Province in as
ample manner as any of them can may or ought to do (as being
of our Privy Council there) and we do hereby further will and
Grant that you have receive and enjoy all such Powers Dignities
Preheminences lIurisdictions Priviledges immunities and Ad-
vantages whatsoever which are belonging and incident to one
of our Councillors there in as large full and ample manner and
form as any other Privy Councillor of our said Province (as a
Privy Councillor there) may can or ought to have and enjoy
by force and Virtue of any Grant Commission or Warrant from
us and we do hereby further Constitute and appoint you to be
one of our Iustices and Commissioners for Conservation of the
Peace of our said Province of Maryland until we or our heirs
shall signify our or their Pleasure to the Contrary and we do
hereby also Grant unto you full Power and Authority during
the said time to act as a Iustice of Peace of the said Province
of Maryl* in as full and ample manner and form as any other
our Iustices and Commissioners for conservation of the Peace
of the said province may can or ought to do according to the
Powers Given them or any of them by Grant or Commission
from us for that purpose Given under our Hand and Greater
Seal at Arms the 29"" day of September in the eighteenth Year
of our Dominion over the said Province Anno Dni 1649
By the Leiveten*nt &c of Maryland 1649
Procl published eod Whereas by -pclam dated the 13 day of
Aprill last & published within this Province ffor the reasons
Proceedings of the Council of Maryland, 1648-1655. 243
therein exp'ssed It was on the behaulf of the right ho the Lo: Liber a.
Prop’’ of this Province and by his direccon declared That it was
his Lopps will & pleasure that all such persons then resident
within this Province or in the Collony of Virginia that p'tended
any right to any lands w* haue beene due vnto them or any of
them within this Province by vertue of any Condicons of Plan-
tacon or other warrt vnder his Lopps hand & Seale at any time
before the 17 day of March last past, for w°* noe Grants vnder
his Lopps great Seale here, were passed vnto them should some
time before the first day of November next come and make
theire right appeare vnto his Lopps Leiveten*nt of this Province
or to such deputy as hee should ordeyne & appoint (In case of
his absence or death) for the Goverm! of this Province vnder
his Lopp, w* they p'tended to any such lands, and after survey
thereof and before the said first day of Novembr next demand
Grants for the same vnder his Lopps newe Great Seale of this
Province And therevppon they should haue Grants speedily
passed to them according to Justice As by the said Proclamacon
remayning vppon record with the Secretary of this Province
more at large amongst cther things it doth & may appeare
Nowe forasmuch as I am credibly informed that divers of the
Inhabitants of this Province who haue land due to them by
vertue of former Condicons could not attend the survey thereof
by the time limitted in the said Proclamacdn without great
damage to bee by them incurred by leaving theire Cropps in
the meane time, w™ must necessarily haue beene very p‘iudiciall
both to themselues and to the comon wealth Vppon consideracon
whereof I haue thought fitt and doe hereby declare that all &
every such person & ‘psons who haue yet any land due to them
or any of them by vertue of any former Condicons or warrt in
the said Proclamacodn menconed and for w* noe Grants vnder
his Lopps great Seale here are yet passed shall haue further
time till the 25" day of March next after the date hereof to
make theire right appeare and demand Grants as by the said
Proclamacon is directed Given at S‘ Maries this 30" day of
October Anno dni 1649
Tho: Greene.
By the Governor of Maryland 1649 p. 324
Procl published ed Whereas Charles of blessed memory King
of England Scotland ffrance and Ireland defender of the faith
&c is lately deceased These are to give notice to all persons
whom it may concerne, and in especiall to all and singular the
Inhabitants of this Province of Maryland, that his eldest sonne
Charles the most renowned Prince of Wales the vndoubted
rightfull heire to all his ffathers dominions is hereby -pclaymed
Liber A.
PVRAO;
Domestic
Interregnum.
Vol. 91,
P- 389
Vol. 146
244 Proceedings of the Council of Maryland, 1648-1655.
Kinge Charles the second of England Scotland ffrance & Ire-
land defender of the ffaith &c Long live King Charles the
second Given at St Maries this 15** of November 1649
Tho: Greene
By the Governor &c of Maryland
Procl publishedeod Whereas the Kings most excellent Maty
Charles the second by the grace of God King of England
Scotland ffrance and Ireland defender of the ffaith &c Was by
Order of the Governor & Counsell publiquely this day :pclaymed
King In commemoracon thereof and to further the comon
reioyceing of the Inhabitants vppon that occasion and that none
of them may bee debarred therefrom I doe therefore in the
Lord Proprietaries name hereby declare and :pnounce a generall
pardon to all and every the Inhabitants of this Province for all
and every Offence and offences by them or any of them comitted
since the last gen‘all pardon published within this Province and
for all ffine forfeiture or penalty for or by reason thereof due
Given at St Maries this 15 day of November 1649
Tho: Greene
Orders of the Councell of State.
Die Veneris 14" Decemberis 1649.
That the Petition and Remonstrance of Captaine Richard
Ingle concerning Maryland, bee referred to the consideration of
the Committee, for the Admiralty.
Die Jovis 20° Decemb’s 1649.
At the Councell of State &c.
Virginia business _ This day being appointed for heareing and take-
fos behead ing into consideration the busynesse of Virginia
Thompson &c to Plantation and Marie Land in the partes of
attend. America This Committee by Reason of other
weighty affaires of the Commonwealth, have thought fitt to
deferr the heareing thereof till the 28" of this moneth December
and doe therefore Order that notice thereof be given to M*
Worsley, M* Maurice Thompson M' Allen of Marke lane and
such Merchants and others as M' Thomson and M* Worstley
shall think fitt to give notice unto to attend the Committee the
same tyme
Ex" R: Coytmore Secretary.
Proceedings of the Council of Maryland, 1648-1655. 245
Maryland business to Lhat upon the Information this day given P. R. 0.
be heard on Thursday in by Capt. Ingle and Robert Rawlins concern- ,Pomestic
come Seven night. : é nterregnum.
ing the Plantation of Maryland under the Vol. 146.
Lord Baltamore It is ordered that the whole businesse be
resumed and heard upon Thursday come sevennight, and that
the sayd Lord Baltamore Capt. Ingle and Robert Rawlins are
to attend this Committee at that tyme, that there may be a
hearing on both partes.
By command of the Committee
Ex’ Rob: Coytmore Secretary.
Mr Jessop to bringin | Upon the information this day given in by
Pe ne foo’ Maty- Captaine Ingle and Robert Rawlins concern-
ing the Plantation of Mary Land under the
Lord Baltamore. Itis ordered that the Pattent of the said Plan-
tation, now in M* William Jessop’s hands, as is informed, with
other papers concerning Virginnia be brought to this Committee
upon Thursday come sevennight. By command of the Com-
mittee
Ex’ Rob: Coytmore. Secretary.
Die Jovis 10° January 1649.
At the Committee &c.
Maryland business to | Upon an Information formerly given in to
be heard on Wensday this Committee by Captain Ingle and Robert
ae Rawlins concerning the Plantation of Mary-
land and the Lord Baltamore Order was made by this Com-
mittee that the said Lord Baltamore Captain Ingle and Robert
Rawlins should have notice to attend here this day that there
might be a hearing on both partes. And upon the appearing
of the said Captain Ingle Robert Rawlins and the said Balta-
mores Agent this day, desireing a further day for the heareing
of this businesse. It is ordered that Wensday next in the after-
noon be appointed for heareing of the said Businesse, and that
the sayd parties are then to attend this Committee concerning
the same.
Sir Hen: Vane
Val. Walton
W™ Purefoy.
Die Martis 15° Januar 1649.
At the Committee &c.
Summons for Witnesse 7 :
ee ene Whereas an Information hath bene given
unto this Committee by Capt: Ingle and
Robert Rawlins against the Lord Baltamore concerning Mary
Land, which information is to be heard att this Committee
Peeks Os
Domestic
Interregnum,
Vol. 146.
246 Proceedings of the Council of Maryland, 1648-1655.
upon Wensday next being the 16" present And for that this
Committee is desired (on the behalfe of the said Lord Balta-
more) to graunt forth an Order for Summoning in of the per-
sons hereafter mentioned to give their testimony in this busi-
nesse. It is therefore ordered that M* Maurice Thomson M*
Thomas Stegg Mr’ Richard Chaundler M* William Allen M*
Mathew Crouch M' Roach, Dennis Corbin, Henry Williams
and Henry Stockdale doe attend this Committee att that time
betweene 3. and 4. of the Clock in the afternoon to give in
their Evidence touching the same.
By command of the Committee.
Ex" Rob: Coytmore. Secretary.
Die Mercurij 16° Janur. 16409.
At the Councell of State &c.
pir Nat: Brent &c to Whereas a businesse depending: between
alte arent @caeR ae Capt. Richard Ingle and the Lord Baltamore
tamore. concerning Mary Land is to be heard at this
Committee upon the 30" Instant January and his Lordship
desiring our Order for the summoning of severall witnesses
hereafter mentioned to deliver their testimony therein on his
behalfe. Ordered that Sir Nathaniell Brent, Mt Maurice Thom-
son, M' Tho: Stegg M' Richard Chandler M* William Allen
M' Mathew Crouch M' Roach Dennis Corbin, Henry Williams
and Henry Stockdale be summoned to appeare at this Com-
mittee on that day about 3. of the Clock in the afternoon
accordingly
By command of the Committee
Ex" Rob: Coytmore. Secretary.
At the Committee &c.
Lord Baltamoretogive Lhe Lord Baltamore appearing this day
a his answere this day by Order of this Committee touching a Remon-
ortnight. : : . :
Strance given in against him by Capt. Ingle,
and his Lordship alleadging that in regard he having but
newly heard of it, and that some of his Witnesses are not in
England but are shortly expected, desires further tyme to give
in his Answer. It is therefore ordered that the said Lord Bal-
tamore doe give in his Answere to the sayd Remonstrance in
Writing unto this Committee upon this day fortnight, and that
he then bring with him such Witnesses as he hath in England
touching this businesse, att which tyme this Committee will
take into consideration what further tyme may be given for the
bringing in the rest of his Witnesses if there be cause and that
Proceedings of the Council of Maryland, 1648-1655. 247
Capt. Ingle doe alsoe then attend this Committee and bring in
his Witnesses And that all parties concerned herein have
notice of this Order.
By command of the Committee
Ex? Rob: Coytmore. Secretary.
Die Martis 22° Januar: 1649.
Maryland business Mr | Whereas Capt. Richard Ingle hath pre-
Winslow and,others.sum> sented to.this Committee a KRemonstrance
moned to attend. i 0
touching the Lord Baltamore’s Govern-
ment of the Plantation of Maryland of which a heareing is
appointed to be had att this Committee on the 30" day of this
Instant January in the afternoon. And for that Captaine Ingle
hath desired our Order for the summoning of severall Wit-
nesses hereafter expressed to testifie their knowledge in that
Matter. Ordered that Capt. Leverett M* Edward Winslow M*
Richard Allen M' Anthony Penniston M* Charles Cawley and
Mr’ Parham doe attend this Committee on the day and in the
businesse before mentioned to deliver testimony concerning
the same.
By command of the Committee
Ex" Rob: Coytmore. Secretary.
Die Martis 29° January 1649.
Maryland business de- Whereas the hearing of a matter between
Capt. Richard Ingle and the Lord Baltamore
concerning Maryland is appointed to be had att this Com-
mittee to Morrow. This Committee in respect of extraordi-
nary Occasions not permitting them to heare the same to mor-
row, Doe order that to Morrow come seavennight be appointed
for reasuming the said Business and that Captain Ingle and the
Lord Baltamore have speedy Notice to attend this Committee
accordly.
By command of the Committee
Ex" Rob: Coytmore. Secretary.
Die Jovis 31° January 1649.
At the Committee &c.
Maryland Whereas a businesse between Captain Richard
Ingle and the Lord Baltamore concerning Maryland is
appointed to be heard at this Committee on Wensday next in
the afternoone And that Capt. Ingle hath desired our Order
for the summoning of severall witnesses hereafter mentioned
to attend this Committee on his behalfe, accordingly ordered
PRs O:
Domestic
Interregnum.
Vol. 146.
PaARaO:
Domestic
Interregnum,
Vol. 146.
Vol. 92, p. 7.
Liber A.
P» 325
248 Proceedings of the Council of Maryland, 1648-1655.
that Captain Leverett, Mt Edward Winslow, M' Richard Allen
M* Anthony Pemmiston, Mt Charles Cawley, and M' Perham
doe give their attendance att this Committee att that tyme.
By command of the Committee
Ex" Rob: Coytmore. Secretary.
Die Mercurij 6° Februar: 1649
At the Committee &c.
Maryland. This day being appointed for the heareing of the
businesse of Maryland betweene Capt: Ingle and the Lord
Baltamore is by reason of other speciall occasions not permitting
this Committee to sitt to heare the same, Deferred and Ordered
that to morrow come seavennight bee appointed for hearing
the same and that the parties concerned therein doe give their
attendance att this Committee att that tyme
Sir Hen: Vane
Coll: Purefoy.
Die Mercurij 13° Februar: 1649.
At the Committee &c.
Ordered
Maryland ‘That the businesse of Maryland between Capt: Ingle
and the Lord Baltamore appointed to be heard att this Committee
to morrow be by reasone of other speciall occasions deferred
till to morrow come Seavennight, and that the parties and
witnesses concerned therein doe then give their attendance
between three and foure of the Clock in the afternoone att this
Committee &c.
Sir Hen: Vane
Coll. Purefoy.
Orders of the Councell of State
Die Martis 19° February 1649. (—50)
That the remonstrance of Captaine Ingle concerning two
shipps goeing to Virginia be referred to the Consideration of
the Committee for the Admiraltie who are to examine the fact
and report to the Councell and in the meane tyme if they see
cause to make stay of the shipps.
By the Lt &c of Maryland
Procl published eod Whereas I haue heretofore by a note vnder
my hand appointed M* Richard Husbands Marriner Admirall
or Vice Admirall vnder mee of this Province I doe hereby in
Proceedings of the Council of Maryland, 1648-1655. 249
respect of some grosse abuses and miscarriages of the said Liber A.
Husbands revoake and make voide any authority by mee here- iatatrecntle
tofore granted to him the said Mt Husbands Whereof I require
all the Inhabitants of this Province to take speciall notice Given
vnder my hand this 23" of ffebruary 1649 :
Willm Stone
The deposicon of John Russell of the Isle of Kent
within this Province of Maryland planter taken the 25'*
day of ffebruary 1649 before the Governer & Secretary
of the said Province vppon Oath as followeth viz:
The said depont saith that yesterday being the 24'* day of
this p'sent Moneth of ffebruary hee this depon' being aboard
the Shipp called the Greene Poppingay nowe riding in St
Georges River then & there heard John dandy wish M' Hus-
bands Marriner to haue a care what hee said or Words to that
purpose. Wherevpon the said Husbands tould the said dandy,
if hee had him aboard his owne Shipp hee would teach him better
manners or to that effect, and therevppon commanded the said
dandy to goe with him the said Husbands aboard his owne
Shipp, and the said dandy refusing soe to doe the said M'
Husbands laid violent hands vppon the said dandy endeavoring p. 326
(as this depont Imagined) to inforce him aboard his owne Shipp,
Wherevppon the said Husbands & dandy strugling together
the said Husbands called to his Seamen who were then in a
Boate at the Shipps side where they were soe contesting, and
commanded them to assist him to carry or inforce the said
dandy aboard his the said Husbands Shipp. And therevppon
one of the said Husbands Seamen came vpp vnto them and
intreated the said dandy to goe along with them, who there-
vppon did goe with the said Seaman into the said Boate And
the said M* Husbands remayning there still aboard comanded
the said Seaman to carry the said dandy aboard his owne Shipp
and then to returne back for him the said Husbands And this
depon' conceiveth the said Husbands was at that time some-
what in drinke And further saith not
Jurat coram nob die & Anno p'dict
Willm Stone Tho: Hatton
Ordered PRO,
Maryland That the business of Maryland between Captain Ret haa
Ingle and the Lord Baltimore appointed to be heard at this
Committee to morrow, be by reason of the speciall occasions
deferred till Munday next. And that the parties and Witnesses
PIRZO:
Domestic
Interregnum.
Liber C. B:
p. 230
250 Proceedings of the Council of Maryland, 1648-1655.
formerly summoned to appeare by order of this Committee doe
then give their attendance between three and fower of the Clock
in the afternoone att this Committee.
By Command of the Committee
Ex" Rob: Coytmore, Secretary.
Die Lunz 25° Februar 1649.
At the Committee &c.
Maryland business Whereas the business of Maryland
deferred till Fryday next. depending before this Committee be-
tween Captain Richard Ingle and the Lord Baltamore was
appointed to be heard this day; It is ordered that (by reason
of other speciall occasions not permitting this Committee to
heare the same at this tyme) it be deferred till Fryday next,
Att which time the partyes and wittnesses appointed by former
orders to be summoned to appeare doe then attend this Com-
mittee between three and four of the Clock in the afternoone.
present Sir Hen: Vane
Dennis Bond.
Die Veneris primo Martii— 1649.
Ordered
Mariana tor Wilkes Upon hearing the Charg read att this
manage it on the behalfe Committee given in by Captain Rich: Ingle
ghine Suis against the Lord Baltamore concerning
the said Lord Baltimore’s misdeemeanors in his Government
of Maryland, and finding the said Captain Ingle unprovided to
prove the same. It is ordered that D‘ Walker Advocate for
the State, and M* David Budd their Proctor be desired to
examine the papers of Captaine Ingle who are likewise desired
to attend this Committee on Fryday next to state the business
and to mannage the same on the behalfe of the State, att which
tyme the business is to be heard, And in the meane tyme the
witnesses and partyes concerned therein are to attend this
Committee accordingly
Captain Mitchell of the Council
CLE:
Cecilius &c* to our right trusty and Well Beloved William
Stone Esq" our Lieutenant of the said Province of Maryland
and to the rest of our Privy Council and other Officers there
and to all others whom it may Concern Greeting whereas our
trusty and well Beloved William Mitchell Esq' doth the next
Summers expedition intend to transport himself and family and
Proceedings of the Council of Maryland, 1648-16 S50) 2251
divers others Artificers Workmen and divers other very useful
Persons in all to the Number of twenty Persons at the least
into our said Province of Maryland there to erect and make
and settle a Considerable Plantation and for that purpose hath
well Stored himself with Provisions and Ammunition for the
better Supply and defence of such his Plantation and Conse-
quently of the said Prov? and also intends to supply and furnish
such his Plantation with fresh Supplies of men Provisions and
Ammunition as Occasion shall serve which we have Good
Assurance he is able to perform Now know yee that we having
Good Experience of the honour worth and good Abilities of
the said William Mitchell and of his faithfulness to us and his
real desires and intentions for the Good and Prosperity of our
said Province and reposing special trust and Confidence in his
Wisdom diligence and Experience do upon such his Settlement
and Plantation in our said Prov‘ as aforesaid by these presents
Constitute and appoint him the said William Mitchell to be one
of our Privy Council of State within our said Province of Mary-
Tend rs ets. 3 until we or our heirs shall signify our or their
Pleasure to the Contrary under our or their hand and seal at
Arms and we do hereby Give and Grant unto him the said
William Mitchell full Power and Authority for that purpose
from time to time and at all times during his being of our Privy
Council to meet and assemble himself in Council upon all
Occasions with our Lieutenant of the said Province for the time
being and others of our Council there and in all things to do
and Act with them as one of our Privy Council of the said
province in as Ample manner and form as any other Privy
Councillor can may or ought to do as being of our Privy
Council there and we do hereby further will and Grant that he
the said William Mitchell shall have receive and enjoy all such
Powers Dignities Preeminences Jurisdictions Priviledges im-
munities and Advantages whatsoever which are belonging and
incident to one of our Privy Councillors there in as large full
and ample manner and form as any other Privy Councillor of
our said Province as a Privy Councillor there may can or ought
to have and enjoy by force and Virtue of any Grant Commission
or warrant from us and upon such his Settlement and Plantation
in the said Province aforesaid we do hereby further Constitute
and Appoint him the said William Mitchell to be one of our
Iustices & Commissioners for the Conservation of the Peace
within our said Province of Maryland until we or our heirs
shall signify our or their Pleasure to the Contrary and we do
hereby Grant unto him the said William Mitchell full Power
and Authority during the said time to Act as a Iustice of Peace
throughout the said province of Maryland in as full & ample
manner as any other of our Justices and Councillors for Conser-
Liber C. B.
Pp. 231
Vi FP ee
252 Proceedings of the Council of Maryland, 1648-1655.
Liber C.B, vation of the Peace of the said Province may can or ought to
do by Virtue the powers Given to them or any of them by
Grant or Commission from us for that purpose and upon such
his settlement and Plantation in the said Province as aforesaid
p- 232 we do hereby will and Require you and every that he the said
William Mitchell may be received of you and every of you
according to the Conditions and qualification and may then
have use and enjoy the Powers Dignities & Priviledges & Im-
munities of right due and belonging unto him as one of our
Privy Council and Iustice of Peace of our said Province of
Maryland and we do hereby further will Require and appoint
that this our Grant shall be Inrolled and Registered in the
Common Registry of our said Province of Maryland for the
better Confirmation and manifestation thereof for which usual
fees are to be paid and the Inrollment or Registry thereof shall
be from time to time a sufficient Warrant and discharge to
You our Lieut and other Officers there for the performance
thereof as afores’ Given under our hand and Greater Seal at
Arms the 4 day of March in the eighteenth Year of our
Dominion over the said Province Annog Dni 1649
Ex? p me
Gilbtm Crouch Secretary
PRO elarilandee Welkeecand Upon hearing the business of Maryland
Mr Budd to attend on this day att this Committee betweene Capt:
Pees Rich: Ingle and the Lord Baltamore. It
is ordered, that in regard this Committee cannot receive a full
hearing of the business That it be reassumed on Fryday next
by this Committee, And that D' Walker Advocate for the State
and M' Budd their Proctor be desired to be heare att that tyme,
And that all witnesses formerly summoned in this business are
then likewise to attend att three of the Clock in the afternoone.
Ordered
civ iphor Reeve tosaitend That Sir Thomas Rives be summoned
on Fryday next. to attend this Committee on Fryday next
att three of the Clock in the afternoone to deliver his testimony
in a matter depending upon this Committee between Capt: Ingle
and the Lord Baltamore.
Die Veneris 15° Martii 1649.
At the Committee &c.
Mr A That after severall debates of the business
the validity and inva. depending before this Committee betweene
tially of the: Grae ole Gap esc dane Ingle and the Lord Baltamore
" referred by an order of the Councell of
State touching a Commission graunted to Leonard Calvert
Proceedings of the Council of Maryland, 1648-1655. 253
Esq* Brother to the said Lord Baltamore, by the late King att
Oxford in the yeare 1643. It is this day ordered by this Com-
mittee that M* Attorney Generall and M* Doctor Walker be
desired on the behalfe of the State to take into their considera-
tion the validity and invalidity of the originall Graunt made by
the said late King in the 8 yeare of his Raigne to Cicill Lord
Baltamore of a Tract of land in America called by the name of
Maryland, and that this day fortnight be appointed for the
heareing of the same att this Committee att three of the Clock
in the afternoone att which tyme M' Attorney Generall and D*
Walker be desired to be heare and that all partyes and wit-
nesses concerned therein are to have notice to attend accord-
ingly.
[Confirmation of Lands.]
By the Leiveten*nt &c of Maryland
Proc) puprished Whereas by 2 severall Proclamacons the first
ape’ bearing date the 13 day of Aprill Anno dni
1649 and the other the 30 of October last & published
within this Province ffor the reasons therein expressed It was
on the behalfe of the right ho"* the Lo: Prop'’ of this Province
and by his direccon declared That it was his Lo»s will &
pleasure, that all such persons in the said Proclamacons men-
coned that p'tended any right to any lands w™ haue beene due
vnto them or any of them within this Province by vertue of
any Condicons of Plantacon or any other Warrt vnder his Lo»?
hand & Seale at any time before the 17 of March 1648,
for w% noe Grants vnder his Lo?’ Great Seale here were
passed vnto them should by the times limited in the said
severall Proclamacons come & make theire right appear vnto
his Lorrs Leiveten*nt of this Province or to such deputy as hee
should ordeine & appoint in case of his absence or death for
the Goverm* of this Province vnder his Lo’?, w% they p'tended
to any such lands and after survey thereof and before the said
times limitted demand Grants for the same vnder his Lopps
newe Great Seale of this Province And therevppon they should
haue Grants speedily passed to them according to Justice. As
by the said Proclamacons remayning vppon record with the
Secretary of this Province more at larg (amongst other things)
it doth & may appeare. Nowe for that I am informed that
divers persons both here and in Virginia and else where who
haue land due to them by vertue of former Condicdns vppon
p’tence of not having notice of the said former Proclamacons
haue not yet taken vpp the same To the end therefore that
noe man may for the future iustly p'tend ignorance or
other excuse for theire neglect herein I haue againe thought
Poke,
Liber A.
Bs 323
IST ee ly an
254 Proceedings of the Council of Maryland, 1648-1655.
Liber A. fitt and doe hereby declare that all & every person & persons
who haue yet any land due to them or any of them by vertue
of any former Condicons or warrt in the said Proclamacons
and herein before menconed, and for w noe Grants vnder his
Lor’s great Seale here are yet passed shall haue further time
till Michaelmas day next after the date hereof to make theire
right appeare & demand Grants, as by the said Proclamacons
and herein before is declared And all such persons are hereby
required to take notice hereof :pemptorily who if they neglect
or refuse to comply herein are not to expect any further time
then the day herein before limitted Wis to bee finall and
binding to all intents & purposes in the said former Proclama-
cons menconed Given at St Maries this 25" day of March
Anno dni 1650
Willm Stone
P.R.O. Die Jovis 4° Aprilis 1650.
Domestic : ; 7
Interregnum. That it be recommended to the Committee for the Admi-
meee ralty to affixe a day to the Lord Baltamore for his comeing to
answere to Captaine Ingle, and to declare to him that if he
doth not appeare with his answere at the tyme appointed, they
shall proceed to make a report thereof.
Die Martis 2° Aprilis 1650.
At the Committee &c.
Ordered
i : That the business depending before this
aryland business to be . 5 c
heard on thisday seven. Committee betweene Captaine Ingle and
me Clee a the Lord Baltamore concerning the said
’ Lords Pattent of Maryland be heard att this
Committee on this day sevennight; And that the Councell be
moved that a Letter be writt to the said Lord Baltamore to
appeare att that tyme.
Die Veneris 5° April 1650.
At the Committee &c.
In pursuance of an order of the Councell
of State dated the 4" instant wherein it is
recomended to this Committee to affix a
day to the Lord Baltamore for his coming to answer to Captain
Ingle and to declare to him that if he doth not appeare with
his answere att the tyme appointed they shall proceed to make
a Report thereof. It is ordered by this Committee that Thurs-
Lord Baltamore to at-
tend the 28th instant.
Proceedings of the Council of Maryland, 1648-1655. 255
day next come sevennight being the eighteenth instant be
appointed for the said Lord Baltamore to appeare att this
Committee and that he have notice thereof given him in the
meane tyme.
By the Leivet &c of Maryland
Whereas divers Licences or Warr's haue
beene heretofore granted since the last
gen‘all Assembly to severall Inhabitants of this Province for
killing of Wild Hoggs ymploying Indians to kill deere with
Gunnes, and some to fforreyners to hunt & kill deere within
this Province w® hath occasioned some inconvenience & hath
given great offence to divers of the Inhabitants of this Province
as I haue beene informed I haue therefore thought fitt and doe
hereby revoake annihilate & make voide all Licences or War-
rants before menconed whatsoever or by whomsoever granted
And doe declare that they nor any of them after the date
hereof shalbe noe longer in force Whereof all the Inhabitants
of this Province and all other persons who haue had any such
warrants or licences granted vnto them or any of them & all
others whom it may concerne are hereby required to take
speciall notice hereof & in all things to comply with & yeild
theire ready obedience vnto two severall Acts made in that
Procl published eod
Bako:
Domestic
Interregnum.
Liber A.
P- 339
behaulf the last Assembly one of them intitled an Act touching ©
Indians and the other an Act touching Hoggs &c vppon pill
of such ffine penalty forfeiture or punishmt as in them or either
of them is provided for Offenders against the same Given at
St Maries this 29'* day of Aprill Anno dai 1650
W™ Stone
Whereas I Cap! William Stone Leiveten*nt &c of this Pro-
vince of Maryland by Comission from the right ho''* the Lord
Baltemore Lord Proprietary of the same, having occasion to
bee for sometime absent out of this Province, doe by vertue of
& according to the power and authority, to mee granted by
the said Comission, nominate elect and appoint Thomas Hat-
ton gent (his Lo??s Secretary) to bee his Lo»’s Leivetennt Gene-
rall, Chancellor or keeper of the Great Seale, Admirall, cheife
Justice Magistrate and Comander as well by Sea as by land of
this his Lo??s said Province of Maryland and the Islands to the
same belonging duringe my absence out of this Province or
vntill his Lo?** or his heires signify his or theire pleasure to the
contrary in as large and ample manner as his Lo”? hath by the
said Comission authorized mee to governe for the p'sent.
Witnes my hand this 22" day of May Anno dni 1650
William Stone
P- 334
Liber B.
p- 165
p. 166
p. 170
256 Proceedings of the Council of Maryland, 1648-1655.
The names of People come out of England and arrived in
Maryland June 30 1650 at the Cost and charge of Robert
Brooke Esq.
Robert Brooke Thomas Brooke John Brooke
Mary his wife Charles Brooke W™ Brooke
his Children Roger Brooke ffrancis Brooke
Baker Brooke Robert Brooke Mary Brooke
Anna Brooke
Men Servants
Marke Levesay W™ Bradney Richard Robinson
Marke King Phillip Harwood Anthony Kitchin
W™ Jones Thomas Joyce Robert Hooper
James Leigh Henry Peere W™ Hinson
John Chifford Thomas Elstone John Boocock
Benjamin Hammond Edward Cooke David Bowen
Robert Sheale Ambrose Briggs Henry Robinson
Maid Servants
Ann Marshall Abigael Mountague
Katherine ffisher Eleanor Williams 40 ‘psons
Elizabeth Williamson Agnes Neale
Margarett Watts
22° July, Robert Brooke Esq and his two Sons Baker Brooke
and Thomas Brooke tooke the Oath of fidelity annexed to his
Lordships last Condicons of Plantacon.
Eod die — Robert Brook Esq and Mt W™ Eltonhead took
the Oath of Councellors.
By the Lieuten' &c of Maryland
These are in his Lordps name to authorise and appoint Cap*
Robert Vaughan Commander of the Isle of Kent County within
the Said Province of Maryland to grant warrants for Land within
the Said County to any Adventurers or Planters according to
his Lordps Condicons of Plantacon, whereupon Such Land
Shall happen to be due to Such adventurers or planters respec-
tively he the Said Capt Robert Vaughan Causeing the Said
warrants together with the particular demands or assignm'‘s
upon which the Same Shall be granted to be entred upon
Record by his Lordps Secretary of the Said Province who is
to have his usual due ffees for Such warrants and Entrys Given
at Providence in Annarundel County this 29'* July Anno Dni
1650,
W™ Stone
Proceedings of the Council of Maryland, 1648-1655. 257
By the Lieutenant &c of Maryland
These are in the Lord Proprietarys name to authorise and
appoint Mt Edward LLoyd Gent Commander of Annarundel
County in the Said Province of Maryland to Grant warr's for
Land within the Said County to any Adventurers or planters
according to his Lordps Condicons of Plantacodns where any
Such Land Shall appear to be due to Such Adventurer or
Planter respectively, he the Said Mt Edward LLoyd in Con-
venient time Causeing the Said warr's together with the parti-
cular demands or assignments upon which the Same Shall be
granted to be entred upon Record by his Lordps Secretary of
the Said Province who is to have his usual due ffees for Such
warrants & Entrys Given at Providence this 29 day of July
Anno Dni 1650
W™ Stone
By the Lieutent &c of Maryland
Comission to the William Stone Esq Lieutent General Chief
Se eonco ae Governor and Commander &c of the Province
of Maryland by Comission from the Right
Honble Cecilius &c Baron of Baltemore Lord Proprietary of
the Same Province To M* Edward LLoyd Gent Greeting,
upon the Great trust and Confidence by me reposed in your
fidelity courage and disretion, 1 doe by these presents consti-
tute appoint and authorise you the Said M' Edward LLoyd to
be Commander of the County of Annarundell within our Said
Province and of all and every the Inhabitants thereof, And I
doe hereby Grant unto you all ffees perquisites and profits to
the Said Place or office belonging till the Said Lord Propriary
or his heirs Lords and Propriet's of this Province or his or their
Lieutenant or Chief Governor here for the time being Shall
Signifie his or their pleasure to the Contrary And I doe hereby
further Constitute appoint and authorise M' James Homewood,
M: Thomas Meares, M' Thomas Marsh, M’ George Puddington,
M:* Matthew Hawkins, M* James Merryman, and Mr’ Henry
Catlyn for the time afores* to be Comissioners of the Said
County, with your Self for granting warrants and Summons
and for all other matters of Judicature with whome you are to
Consult in all matters of Importance concerning your Said
County, And to call and And appoint Courts to be kept within
and for the S* County In which Courts you the Said Commander
or your Deputy (being one of the Said Comissioners) with any
three or more of the Said Comission's there present from time
to time are to hold Pleas and finally to determine all Causes
and Actions whatsoever Civill happening or ariseing between
any of the Inhabitants of the Said County of what value Soever,
Liber B.
Liber B.
p- 169
258 Proceedings of the Council of Maryland, 1648-1655.
Liber B. Saving and reserving to all and every the Inhabitants of the
Said County and others liberty of Appeale from the Said
County Court to the Provincial Court in any Civil Cause or
action to the Value of 20! Sterling or 2000! of Tobacco and
upwards the party Soe appealing first putting in Sufficient
Security to the Said County Court to be answerable for treble
damages in Case the Order or Judgment of the Said County
Court made in that Cause Shall happen to be Confirmed upon
hearing by the Provincial Court, And also to hear and deter-
mine all matters Criminal happening and Comitted in the Said
County, which may be heard by any Justices of Peace in any
County in England in their Courts of Sessions not extending
to life or member And further to doe use and execute all
manner of Jurisdiccdn and authority whatsoever for the Con-
servacon of the peace within the Said County as any Justice of
Peace in England may or ought to doe by vertue of his Comis-
sion for the peace, ffurther likewise authorising you the Said
Comand' or your Said Deputy, to elect and appoint all neces-
sary Officers for the Execucon of Justice and Conservacon of
the peace there with allowance of Such ffees as are usually
belonging to the Same or the like Officers in Virginia, And to
doe all other things, and Acts which Shall be necessary for the
execucon of the power and Jurisdiccon hereby Comitted unto
you, Given at Providence this 30 day of July 1650.
W™ Stone
p- 166 16" August 1650
The names of certain persons transported into
Maryland in right of whome Thomas Copley Esq
demandeth Land.
Transported Anno 1633 .
M' Andrew White Henry Bishop — Jo: Hilliard
Mr’ Jo: Altam Rich* Lusted Mathias Zause
Tho Slatham Tho Heath ffra Molcto
Robert Simpson W™ Ashmore — Lewis ffreman
Mary Jennings Rob‘ Sherley = James killed at
Mattapanie — — \
Transported Ano 1634
M’ ffrancis Rogers Richard Harvey John Bryant
John Hill Xpofer Carnoll
16" August 1650.
Thomas Copley Esq this day entred a demand of twenty
thousand acres of Land due to him over and besides what is
already entred
Proceedings of the Council of Maryland, 1648-1655. 259
August 25° 1650. These presents testify that certain men’s
names lately delivered into the Secretary’s Office by Thomas
Copley Esq. were the true and proper Servants of Andrew
White Esq one of the first Adventurors into this Province, and
that he had divers other Servants whose names I know not for
which there is undoubtedly at least eight thousand acres of
Land due to the Said M* White and his Successors Successors
upon the first Adventure into Maryland, And I doe further
certainly beleive much more Land to be due to the Said Gent
for severall Other great Adventures made by them into this
Province, whose names I cannot Suddenly remember, upon the
latter Conditions, for I doe avouch first and last the Gent
aboves* have transported at least Sixty persons into this
Province
Tho Green
Mr’ Hatton.
Luke Gardiner hath desired me to deliver my knowledge
concerning what Condicons of Land his Lordp proposed to the
Adventurers into this Province between the years 1633 & 1637,
In Compliance wherw™ J doe hereby declare that to the best of
my knowledge any one transporting five men into this Province
were to have 1500 acres of Land to be erected into a Mannor
And as I doe believe in my Conscience the Rent was the Same
and not greater then was required by the first Conditions of all
yo's \
Tho: Green
Order of the Councell of State
Die Jovis 3° Octobris 1650.
The Councell haveing received the petition, and papers pre-
sented by M* Hen: Wallis, on behalfe of divers well affected per-
sons of the Isle of Providence, in Marieland thinke fitt to declare
that as the Parliament have already expressed them-
selves sensible of the condition of the plantation abroad
depending upon this Common-wealth and now lately ordered the
bringing in the patents of the pretending propryetors, to bee
considered of soe this Councell according to their Trust in that
behalfe, will proceed to take care of the welfare of those plan-
tations, and of such there as reteine their Integerity and good
affection to the parliament and present Government, and doe
for the present referr the matters be remonstrated to M’ Wallis
to a Committee of their owne number to debate the same and
present their opinion to the Councell for further consideration.
Maryland
This is made void The Governor this day with the advise of the
by the Governors
order 3 Julij 1654 Counsell erected the Southside of Patuxent
Li. B. River beginning at the Sasquehannah Point
Liber B.
p. 167
PRO:
Domestic
Interregnum.
Vol. 38, p. 78
Liber A.
p- 378
Liber A.
Liber B.
p- 290
p- 291
260 Proceedings of the Council of Maryland, 1648-1655.
extending it self from thence into the Middle of the Woods
towards St Maries Southward, and from thence Westward
along the middle of the Woods betwixt Patomeck and Patuxent
Rivers as farr as Matapania towards the Head of Patuxent
River and from thence againe Eastward along the River side
to the said Sasquehannah Point, into a County by the name of
Charles County, and Robert Brookes Esq* to bee Commander
thereof
By the Lieutent &c of Maryland.
Whereas upon importunity of Several Inhabitants of this
Province divers warrants have been of late by me Granted for
the Imploying of Indians to kill deer with Gunns under Colour
whereof as I am given to understand this County of St Maries
and the Ports adjoyning are very much pestered with great
Concourse of Indians of Several nations to the Annoyance and
terror of divers of the Inhabitants here and Excessive wast and
destruction of the Game of this Province and disperseing and
Scattering of the Cattle and hoggs of the Inhabitants to their
Great Prejudice and detriment upon Consideracon whereof I
have thought fit and doe hereby make voyd and null all war-
rants by me Granted at any time heretefore to any of the In-
habitants of this Province or Others for imploying of Indians
to kill deer with Gunns whereof all and every the Said Inhabit-
ants and others are hereby required to take Speciall notice and
to Submitt in all things hereunto and to an Order of Assembly
heretofore made and Still in force for the restraint thereof
upon the penalty therein expressed, and to that purpose all
and every the S* Inhabitants and others who have delivered
any Gunns to any Indians for the purpose aforesaid are withall
Convenient Speed after the Publicacon hereof to take or Cause
the Same to be taken from them as they will Answer the Con-
trary at their Perils, Given at S' Maries this 20" day of Novem-
ber Anno Dni 1650.
W™ Stone
A Proclamacon concerning his Lordps rents
By the Lieuten' &c of Maryland.
Whereas I am given to understand that the paymt of his
Lorps Rents hath been heretofore by many very much
neglected, which I look upon as a very great contempt ag* his
Lordp and the Governmt here inhabited under him, These are
therefore in the Lord Propriarys name Strictly to charge and
require all and every the Inhabitants of this County of S‘ Maries,
understood to Comprehend all Plantacons for which any Rent
is as yet due in this his Lordps Province on this Side of
Proceedings of the Council of Maryland, 1648-1655. 261
the River Patuxent from whome any Rent to his Lord is
payable either for the year ended at Christmass Last past or
any other Rents arrears that they and every of them bring the
Same to St Maries upon or before the twelfth day of ffebruary
next ensueing the date hereof, and then and there pay in the
Same at the dwelling house of Mt Thomas Hatton his Lordps
Attorney General who will give them acquittances therefore &
herein they are not to fail upon the penalty of being proceeded
against in Such Strict and Severe manner as their Contempt &
neglect hereof Shall deserve, And together with his Lordps
Rents they are to bring in and pay unto me at my dwelling
house at St Maries aforesaid half a bushell of Corne fp poll for
every taxable :pson within this County of St Maries which is
allowed unto me 7p order of an Assembly Given at St Maries
the 8 day of Janty Anno Dni 1650:
William Stone
By the Lieuten't &c of Maryland.
According to the direction and appointm' of the Right
Honble the Lord Baltemore Lord Propriary of this Province in
his Lordps Declaracon under his hand and Seal of the Sixth
of August Last I have thought fit and doe hereby allow unto
his Lordps Attorney Generall M* Thomas Hatton for his pains
in the Execucon of that Office this present year 1650, One
thousand pounds of Tobacco and Caske or the Value thereof
out of his Lordps Rents and Revenues, here, as also the Said
quantity of Tobacco and Caske or the value yearly during his
the Said M* Hattons Continuance of that imployment, or that
his Lords pleasure be further therein Signified to the Con-
trary and published in this Province Given at St Maries
this tenth day of January Anno Dni one thousand Six
hundred and fifty
21 Nover
W™ Stone
Major Gibbons Council. and
Admiral
Crp:
Cecilius &c* to our right trusty and well Beloved William
Stone Esq’ our Lieutenant of our said Prov® of Maryland and
to the rest of our Council there and other Officers there Greeting
Know yee that we having good experience of the Honour
Worth and Abilities of Edward Gibbons Esqt Major General
of New England and of his Affection and Good will to the
prosperity of us and our Colony in the said Province of Mary-
land and Reposing special trust and Confidence in his Great
Wisdom fidelity and experience do by these presents Constitute
and appoint him the said Edward Gibbons to be one of cur
Liber B.
Pp. 292
Pp: 239
Liber C. B.
p. 236
P. 237
Liber C. B.
p- 238
Pt Oe
262 Proceedings of the Council of Maryland, 1648-1655.
Council of State within our said Province of Maryland and do
hereby Grant unto him the said Edward Gibbons full Power
and Authority for that purpose from time to time when he
shall be in our said Province to meet and Assemble himself in
Council upon all Occasions with our Lieut of the said Province
for the time being and those of our Council of State there,
And in all things to do & act with them as One of Our Council
of State in the said Province in as ample manner and form as
any other of our Council of State there may or ought to do as
being of our Council there and we do hereby further will and
Grant that the said Edward Gibbons shall have receive and
enjoy all such Powers dignities Preheminences Iurisdictions
Priviledges immunities and Advantages whatsoever which are
belonging and incident to one of our Council of State there in
as large full and ample manner and form as any other of our
Council of State in our said Province as a Councillor of State
there) may can or Ought to have and enjoy by force and Virtue
of any Grant Commission or warrant from us for that purpose
and we do hereby further Constitute and appoint him the said
Edward Gibbons to be one of our Justices and Commissioners
for Conservation of the Peace of our said Province of Maryland
and Grant unto him full Power and Authority when he shall be
in our said Province to Act as a Justice of peace throughout
the said Province of Maryland in as full and ample manner
and form as any other our Justices and Commissioners for
Conservation of the Peace of the said Province may can or
ought to do according to the Powers Given them or any of
them by Grant or Commission from us for that purpose requir-
ing you and every of you that he the said Edward Gibbons
may be Received of you and every of you according to that
Condition and qualification and may there have use and enjoy
the Powers dignities priviledges Benefits and immunities of
right due and belonging to him as one of our Council and
Justices of Peace of our said Province of Maryl* as aforesaid
and we do further hereby Constitute and appoint him the said
Edward Gibbons to be our Admiral of our said Province of
Maryland under us and our Lieutenant of the said Province
for the time being and will and Require that he have use and
enjoy the Powers Dignities Priviledges Benefits and Immunities
of right due and belonging to him as Admiral of our said
Prov’ under us and our Lieutenant there for the time being all
which Powers Offices and Places aforesaid we do hereby
declare shall be enjoyed by the said Edward Gibbons till we
or our heirs shall signify under our or their hand and Seal at
Arms our or their Pleasure to the Contrary & we do hereby
further will Require and appoint this our Grant to be inrolled
and Registred in our Common Registry of our said Province
¥,
Proceedings of the Council of Maryland, 1648-1655. 263
of Maryland for the better Confirmation and manifestation Liber C. B.
thereof the Inrollment and Registry whereof shall be a sufficient
warrant and discharge to you our Lieutenant and other Officers
there for your suffering performing and doing all the Acts and
things hereby required and enjoyned you to suffer perform and
do as aforesaid Given under our hand and Greater Seal at Arms
the twentieth day of Ianuary in the nineteenth Year of our
Dominion over the said Province and in the Year of our Lord
God 1650
Order of the Councell of State PERZO;
Domestic
Interregnum,
th
9" of June 1651 Vol. 48, p. 20
That Richard Thurston Commander of the Ship John Ad-
venture of New England shall have leave to goe to Maryland
with his said Ship for the receving of some debts alleadged by
him to be due unto him from some persons now there, and to
trade with them provided he trades not with anie places in
defection to this Commonwealth.
M* Iob Chandler of the Council Liber C. B.
Pp. 322
Cecilius &c* to our trusty and well Beloved Job Chandler
Greeting Whereas we have been informed by our right trusty
and well Beloved William Stone Esq’ Lieu‘ of our said pro-
vince of Maryland of your Affection towards us and our
said Province and also from your Brother and our good Friend
Richard Chandler of London Merchant of your desire and
willingness to serve us within our said Province we upon their
recommendation reposing special trust and Confidence in your
Fidelity Wisdom diligence and experience of affairs in these
Parts do by these Presents Constitute and appoint you to be
one of our Council of State and also our Receiver General of
our said Province of Maryland until we or our heirs shall
signify our or their Pleasure to the Contrary and we do hereby
Give unto you full Power and Authority for that purpose from
time to time and at all times during your so being of our said
Council to meet and Assemble your self in Council upon all
Occasions with our Lieutenant and others of our Council of
the said Province for the time being and in all things to do
and Act with them as one of our Council of State of the said
Province in as ample manner as any of them can may or ought
to do as being of our said Council there and we do hereby
further will & grant that you have receive and Enjoy all such
Powers Dignitiés i212 5. preheminences lIurisdictions Privi-
ledges Immunities fees Profits and advantages whatsoever
which are belonging and incident to our Council of State and
Liber C. B.
125 1, (Oh
Domestic
Interregnum.
Vol. 132.
Pp: 25
Domestic
Interregnum.
Vol. 50, p. 84
264 Proceedings of the Council of Maryland, 1648-1655.
to our Receiver General there In as large full and ample
manner and form as any other of our Council or Receiver
General of our said Province (as a Counsellor of State and
Receiver General may can or ought to have Enjoy or have
formerly enjoyed by force and Virtue of any Grant Commis-
sion Instrument or warrant from us for that purpose and we
do hereby further Constitute and Appoint you to be one of
our Justices and Commissioners for Conservation of the Peace
of our said Province of Maryland until we or our heirs shall
signify our or their Pleasure to the Contrary and we do hereby
also Grant unto you full Power and Authority during the said
Hine 4 ee to Act as a Justice of Peace of the said Province of
Maryland in as full and ample manner and form as any other
our Iustices and Commissioners for Conservation of the Peace
of the said Province may can or ought to do according to the
Powers Given them or any of them by any Grant or Commis-
sion from us for that Purpose Given under our hand and
Greater Seal at Arms the first of August in the twentieth year
of our Dominion of the said Province of Maryland & in the
Year of our Lord 1651
The forme of a Passe
These are to will and require you to permitt and suffer the
bearer hereof to transport himselfe and
necessaries without any your Letts or
molestations he carrying nothing with him prejudiciall to the
State. Of which you are not to faile and for which this shall
be your Warrant given at the Councell of State at Whitehall
this — - —
To all Customers Comptrolers
and Searchers and all other Officers
of the Ports and Customes.
Heere followeth of all such as have had Passes
the
Name Place Tyme
W™ Mitchell to Maryland Be pibOs ke
with his Company their families servants 3
goods and necessaryes they takeing the
Engagement.
Instructions for Captaine Robert Denis M’ Richard Bennet,
M: Thomas Stagge and Capt: William Clabourne appointed
Commissioners for the Reduceing of Virginia and the Inhabit-
ants thereof to their due obedience to the Commonwealth of
England.
7
Proceedings of the Council of Maryland, 1648-1655. 26 5
[26 Sept. 1651.]
Whereas the Parliament of England by an act intituled an
act prohibiting Trade with the Barbadoes, Virginia Bermudas
and Antego hath committed to this Councell severall powers
therein expressed for the setling reduceing and governing the
said Islands printed Copies of which Acts are herewith deliv-
ered unto you. In pursuance whereof a fleet is now set forth
victualled Armed and Manned under the command and con-
duct of Capt. Robert Denis to effect by the blessing of God
the ends aforesaid and for the management of that service you
are joyntly nominated and appointed Commissioners And for
your better directions and proceeding therein you are to follow
and pursue these Instructions following.
Such of you as are here are to repaire on board the Ship
John or the Guynie Frigott of the States, which of them you
shall thinke fitt and wind and weather permitting to sayle to
Virginia as Capt: Robert Denis shall direct and appoint.
And upon your arrivall at Virginia you or any two or more
of you (whereof Capt. Robt Denis to be one) shall use your
best endeavours to reduce all the plantations within the Bay of
Chesopiack to their due obedience to the Parliament of the
Commonwealth of England.
For which purpose you or any two or more of you whereof
Captaine Robert Dennis to be one, have hereby power to
assure pardon and Indemnity to all the Inhabitants of the said
plantations that shall submitt unto the present Government
and Authority as itt is established in this Commonwealth. In
which pardons you may make such limitations and exceptions
as you or any two or more of you whereof Capt: Robert Dennis
to be one shall thinke fitt.
And in case they shall not submitt by fayre wayes and
meanes you are to use all Acts of Hostillity that lyes in your
power to enforce them, And if you shall find the people soe
to stand out as that you can by noe other wayes or meanes
reduce them to their due obedience you or any two or more
of you (whereof Capt: Rob‘ Dennis to bee one) have power to
appoint Captains and other Officers &c to raise forces within
every of the plantations aforesaid for the furtherance and good
of the service; And such persons as shall come in unto you
and serve as soldiers if their Masters shall stand in opposi-
tion to the present government of this Commonwealth you or
any two or more of you whereof Capt: Robt Dennis to bee one,
have hereby power to discharge and set free from their Mas-
ters all such persons soe serving as soldiers.
You shall cause and see all the severall Acts of Parliamt
against Kingship and the House of Lords to bee received and
Domestic
Interregnum.
Vol. 50.
Domestic
Interregnum.
Vol. 50.
Liber B.
p. 289
266 Proceedings of the Council of Maryland, 1648-1655.
published as alsoe the Acts for abollishing the booke of Com-
monprayer and for subscribing the Engagement and all other
Acts herewith delivered you.
You or any one or more of you have full power to adminis-
ter an oath to all the Inhabitants or Planters there, to bee true
and faithfull to the Commonwealth of England as it is now
Established without a King or House of Lords.
You or any two or more of you whereof Capt. Robt Denis
to bee one, have power to give Liberty to the Inhabitants and
Planters who shall have taken the Engagement formerly men-
tioned to choose such Burgesses as they shall thinke fitt, and
send to the place you shall appoint for the better regulating
and governing of affairs there, provided that nothing bee acted
contrary to the Government of this Commonwealth of England
and the Lawes there established.
You shall cause all writts warrants and other processe what-
soever to bee issued forth as occasion shall require in the
name of the keepers of the Liberty of England by Authority
of Parliament.
In Case of Mortality or absence of Captaine Robert Denis
you or any two or more of you have power to put in Execu-
tion these Instructions.
In Case of Mortality or absence of Captaine Robert Denis
Edmund Curtis Commander of the Guinieey Frigott is hereby
empowered to act as Commissioner with you or any two or
more of you And he is alsoe in the absence of Captaine Robert
Denis to take the Charge and Command of the fleet soe farr
as concernes the shipping according to the power given to
Captaine Robert Dennis.
And lastly as wee doubt not but you will use your best dilli-
gence and care in carrying on of this affaire of consequence with
which you are intrusted and that by your good endeavours it
will have a good Issue soe the Councell will take the same
into consideration that respect may bee had of your paines and
travell therein and of a recompense agreable to your service
when the same shall bee compleated and worke upon which
yow are employed shall bee finished.
Sept’ 26. 1651.
By the Lieutent &c of Maryland.
Publicat eod Whereas the payment of his Lordps Rents hath
been of late years very much Slighted and neglected by divers
of the Inhabitants of this County of St Maries, to the great
dishonour of his Lordp and the government here established
under him, yet noe Strict or rigorous Course hath been hitherto
taken Since my arrival here as Governor to Compell the pay-
Proceedings of the Council of Maryland, 1648-1655.- 267
ment thereof (as Justly there might) in hopes that mild and riper p,
favourable dealings would have produced better effects then it
Seems it hath, These are therefore to give notice to all and
every the Inhabitants of St Maries County, and all others who
hold any Land of his Lord within this Province for which by
their Grants their Rents are made payable at St Maries, or at
his Lords usual Receipt there that they and every of them
bring in and pay as well the Rents for this present year as all
Rents arrear at the now dwelling house of his Lordps Attorney
General M* Thomas Hatton at S' Maries afores® at the ffeast
of our Lord’s Nativity now next ensueing or by the tenth of
January next following at the furthest upon penalty to be pro-
ceeded against for their contempt or neglect therein in Such
Severe manner as Shall be thought fit And for Such as Shall by
the time before limitted make payment as aforesaid, the Said
Attorney will be ready to give them acquittance in the usual
Manner, And all and every the Inhabitants before menconed
who have not yet paid the half bushell of Corne p pole allowed
to me by order of Assembly for the last year are hereby required
to make payment thereof by the time and at the place before
limitted and appointed together with his Lords Said Rent
according to the Said Order Given at St Maries the Second day
of December Anno Dni 1651 :
W™ Stone
Order of the Councell of State. P. R.O.
Domestic
Tuesday 23 December 1651. eC
a Neamre ers bos
Upon reading the petition of the Lord Baltemore it is this
day ordered That the said Lord Baltemore be left to pursue
his cause according to Lawe, and that as things concerning the
same shall be offered at the Councell, the Councell will take
notice thereof as there shall be occasion.
By the Lieutent &c of Maryland Liber B.
Pp. 290
Publicat eod Whereas by an Order of Court of the 20 of
January last It is expressed what ffees and allowances the Several
Sherriffs of each County within this Province or their Deputies
who Shall be imployed in distraining for leavying or Collecting
of his Lordps Rents and arrears in Case of non payment thereof
at the days and places appointed Shall have for that Imploy-
ment as by the S* Order appears, I doe hereby will and require,
all and every the Inhabitants of this Province whome it doth or
may concern to take notice, that unless they and every of them
doe bring in the respective Rents and arrears due from them
Liber B.
268 Proceedings of the Council of Maryland, 1648-1655.
and every of them to his Lordp, and pay the Same at the
respective places of Receipts according to former appointment
within fourteen days now next ensueing, they and every of
them Shall from henceforth be lyable to the payment of Such
ffees, and allowances to the Sherriff or his Deputy as by the
Said Order is directed in that behalf Given at St Maries the
20 day of March 1651.
W™ Stone
GECILIUS CALVERT, LORD BAETIMORE,
Proprietary.
Commissioners of Parliament:
RICHARD BENNETT,
EDMUND COURTEIS,
WILLIAM CLAIBORNE.
1652.
anita . Chen thE. VAS
a
<a"
ne [
~ 7 ane)
aq viheoee 455 Ee
> >
oa oe
= '
a
ae
wah S|
[Reduction of Maryland.]
By the Commissioners of the Council of State for the
Commonwealth of England
Whereas the right honourable the Council of State for the
Commonwealth of England by Authority of Parliament have
Committed to us the Commissioners several Powers for the
Reducing setling and Governing of all the Plantations within
the Bay of Chesopeak as by their Commission and Instructions
Bearing date at Whitehall the 26" day of Sept’ 1651 may
Appear in pursuance whereof the foresaid Commissioners
having applyed themselves to the Governor & Council of
Maryland (one of the Plantations within the Limits aforesaid
Requiring them to submit thereunto and to Act Accordingly
and having tendered the same several times unto them so as
that they might remain in their Places Conforming themselves
to the Laws of the Commonwealth of England in Point of
Government only and not infringing the Lord Baltimores just
rights which they having denied and Refused as being incon-
sistent with the Pattent of the Lord proprietor and their oaths
made to him In Obedience therefore to the said Councils
Commands in their said Commissions to us directed and for
the preservation of the Honour and Interest of the Common-
wealth of England for setling the Colony of Maryland in their
due Obedience and peace and for the true Administration of
Justice and right to the Inhabitants thereof until further Order
can be taken therein and until the Council of States further
pleasure shall be known we the said Commissioners have here-
by thought fit to publish these Orders following Requiring all
the people of this Province to see the same kept and Observed
That all writs warrants and process whatsoever be issued
forth in the name of the Keepers of the Liberty of England by
Authority of Parliament that they be signed under the hand of
one or more of the Council hereafter named vizt Robert Brooke
Esq? Col? Francis Yardley M* Job Chandler Captain Edward
Windham M*° Richard Preston and Lieutenant Richard Banks
That the said Council of Maryland first taking the ingage-
ment do Cause the same to be tendered to all the inhabitants
in these words, we whose names are Subscribed do promise
and engage our selves to be true and faithful to the Common-
wealth of England as it is now Established without King or
House of Lords
Liber C. B.
p. 267
p- 268
Liber C. B.
p- 269
Liber B.
P- 304
272 Proceedings of the Council of Maryland, 1648-1655.
That the said Council of Maryland or any two or more of
them whereof Robert Brooke Esq’ to be one do Govern and
direct the Affairs thereof and hold Courts as often as they think _
fit for that purpose as also that they summon an Assembly
to begin 24 of Iune next Coming the Burgesses whereof are
only to be Chosen by such freemen as have taken the said
Ingagement and that neither by the said Council nor in the
said Assembly any thing be Acted Contrary to the Laws of
England their established or to their Obedience due to the
Commonwealth of England
That the Commissions for the Governor and Council be
hereby declared void and null and to be delivered into the
hands of us the Commissioners as also that all Records and
other matters and things Relating to the Government of Mary-
land be delivered into the hands of the Council herein by us
nominated
Dated at Saint Marys Richard Bennett
the 29" day of March Edmund Courteis
1652 Will” Claiborne
By the Council of Maryland.
Att the request of M* Thomas Hatton, These are in the
name of the keepers of the Liberties of England by Authority
of Parliament to Authorise Lt Nicholas Gwythar or any other
Inhitant of this Province whome the Said M* Hatton Shall
appoint & direct for that purpose to Leavy by way of execucon
in the usual manner All or any Such ffees as were due to him
the Said M* Hatton as Secretary here at any time before the
29" day of March last and yet unpaid from any person or
persons within this Province upon the body or goods of every
or any of them respectively, And for Soe doeing this Shall be
his or their warrt Given at St Maries this 22° day of Aprill
1652.
Robert Brooke
Richard Banks
&
CECILIUS CALVERT, LORD BALTIMORE, ~
Proprietary.
WILLIAM STONE,
Governor.
» je oak a VAM
1652-1655.
[ Reinstatement of Governor Stone.]
By the Commissioners of the Council of State for the
Commonwealth of England
Whereas the Government of this Province was for that pre-
sent until further time and Opportunity of Consideration left
in the hands of Robert Brooke Esq’ and some others as by an
Order or Proclamation of the Commissioners of the Parliament
and Council of State for the Commonwealth of England dated
at Saint Marys the 29 of March last appeareth referring the
further settlement thereof to an Assembly appointed to be
held the 24 day of this month and whereas it appeareth that
Captain William Stone Esq" Governor and M* Thomas Hatton
Secretary of this Province were then left out upon some misap-
prehension or misunderstanding as they alledge in that parti-
cular of issuing out writs and all other Process whatsoever in
the names of. the Keepers of the Liberties of England by
Authority of Parliament and forasmuch as the foresaid Captain
William Stone Esq‘ at the motion and Request of the foresaid
Commissioners and the desire of the Inhabitants is Content to
Reassume his former place of Governor here & to Act accord-
ing to the foresaid Order or Proclamation and according to his
former Power reserving & saving to himself as also to the
aforesaid M* Thomas Hatton Robert Brooke Esq’ and Captain
Iohn Price their Oaths made to the Lord Baltimore Lord Pro-
prietor of this Province until the pleasures of the State of Eng-
land be further known it is therefore Ordered by the aforesaid
Commissioners with the advise and Consent of the Council
and others the Inhabitants that Captain William Stone Esq’ be
the Governor and M* Tho’ Hatton Robert Brookes Esq" Captain
Iohn Price M* Job Chandler Col? Francis Yardley and M'
Richard Preston be of the Council for this Province who are to
Govern order and direct the affairs thereof in all matters
according to the former Power and the Order or proclamation
aforesaid and to hold Courts for the better administration of
Iustice as often as they shall think fit until further Orders of
England therein and in the mean time all Persons whatsoever
are required and Commanded to take Notice thereof and to
Conform thereunto accordingly and since the Government is
so setled as is known to be to the good liking of the Inhabitants
Liber C. B.
p. 209
p. 270
Liber C, B.
Liber B,
p- 326
P- 327
276 Proceedings of the Council of Maryland, 1648-1655.
it is Conceived for that and several other Reasons that there is
no Absolute necessity of a General Assembly at present Given
under our hands at Saint Marys the 28'* day of June 1652
William Cleyborne Richard Bennett
[Peace with Indians. Affairs on Kent Island.]
At a Court held at St Maries the 28 day of June
Anno Dni 1652 being the first Sitting of the Court
after the alteracon of the Governmt the Same day
Thomas Hatton Secretary Mr’ Job Chandler
Robert Brooke Esq M’ Rich? Preston
Whereas this Court is informed that the Sasquehanna
Indians have a long time desired and much pressed for the
conclusion of a peace with the Government and Inhabitants of
this Province which as is now conceived may tend very much
to the Safety & advantage of the Inhabitants here if advisedly
effected, It is therefore Ordered and this Court doth hereby
give full power & authority unto Richard Bennett Esq M*
Edward LLoyd Capt W™ ffuller M' Thomas Marsh and M'
Leonard Strong or any three or more of them whereof the
Said Richard Bennett Esq to be one at Such time and place
as they Shall think Convenient to Consult and treat with the
Said Sasquahanna Indians, and by the use of all Lawfull and
fitting means (if they can) to conclude a League and peace on
the behalf of this Governm! and the Inhabitants thereof with
the Said Sasquahanna Indians Soe As the peace Safety and
advantage of the Inhabitants here may be (Soe far as in them
lies) thereby advanced Settled and preserved
And Whereas divers Complaynts have been made hereto-
fore by the Inhabitants of the Isle of Kent and others agt Cap*
Robert Vaughan Commander of the Said Island for divers
misdemeanors and abuses in the execucodn of his Office &
otherwise noe Course having been hitherto taken in the due
execucon thereof for the Satisfaction of the Said Inhabitants
who have Several times attended this Court for that purpose
to their great charge & trouble, and the Said Capt Vaughan
not now appearing according to expectacon, It is therefore by
the Governor of this Province with the advise of the Counsell
for avoyding of ffurther charge and’trouble to the Said Inhab-
itants in attending this Court again at Soe great distance upon
this occasion thought fitt and Soe Ordered that the Matter
Complayned of be referred to the hearing examinacon and
determinacon of the persons before named or any three or more
William Stone Esq Governot ) Coll? ffrancis Yardley
present
Proceedings of the Council of Maryland, 1648-1655. 277
of them whereof the Said Richard Bennett Esq to be one who
are hereby desired and authorised at Such time and place as
they Shall think fitt for that purpose to call the Said Cap
Robert Vaughan before them, and if upon the hearing and
examinacon of the matter they Shall See Cause for it, to
remove him from his Said place of Commander of the Said
Island, as also to appoint and Constitute the Said M* Thomas
Marsh or Some other fitting and able person to the Said place
or Office of Commander of the Said Island, who is hereby in
that Case by the Said Governor with the advice aforesaid as
fully authorised for that purpose as any other Commander of
any other County within this Province, Till further Order be
taken therein.
THe Pescowis Sasques 1 -ruicles of Peace and freindshipp,
meee es made treated and agreed vpon the 5" day
> of Iuly 1652 Betweene the English
Nation in the Province of Maryland on the one party,
And the Jndian Nation of Sasquesahanogh, on the
other partie as followeth.
1. First that the English Nation shall haue hould and enioy
to them their heires and Assignes for Ever, all the land lying
from Patuxent River vnto Pallmers Iland on the Wester Side
of the Baye of Chesepiake, And from Choptanke River to the
North East Branch w** lyes to the Northward of Elke River.
On the Easter Side of the Said Bay with all the Jlands, Rivers,
Creekes Trees, ffish ffowle Deere, Elke and whatsoever else to
the same belonging Excepting the Ile of kent, and Palmers
Jlands which belongs to Captaine Clayborne. But Neverthe-
less it shalbe lawfull for the aforesaid English, or Jndians to
build a Howse or ffort for trade or any such like vse or Occa-
sion at any tyme vpon Palmers Jland.
2¥ That if any Damage or Jniury be done on either Side at
any tyme hereafter, either by the English or Jndians aforesaid,
or by any other Allyes, Confederats Tributaries or Servants,
that Reparation be made and satisfaction given from each to
other from tyme to tyme as the Case requires, and as in Rea-
son should be done betweene those that are freinds, and that
desire soe to Continue.
3” That if any the people or Servants belonging to the
English or to the Jndians shall goe away or Run away from
either side, they shall not be concealed or kept away from each
other, But shall with all Convenient speede be retourned back
and brought home, And satisfaction to be made in a Reason-
able way for transportation by land or water to those that
bring them in.
Liber B.
Liber H. H.
p. 62
Liber H. H.
278 Proceedings of the Council of Maryland, 1648-1655.
4” That vpon any occasion of buisness to the English, or
any Messadge or the like, the Jndians shall come by Water and
not by land, That there shall not be aboue Eight or ten at the
most at one tyme, And that they bring with them the token
given them by the English for that purpose, by which they
may be knowen and entertained, As also that the English on
their parts when they send to the Jndians, the Messenger shall
Carry the token which wee haue receiued from them.
5” And Lastly that these Articles and every particular of
them shalbe really and inviolably observed kept and performed
by the two Nations before named, and by all the people belong-
ing to them, or that are in amity with them for Ever, to the
End of the World And that all former Iniuries being buried
and forgotten, from henceforward they doe promise and agree
to walke together and Carry one towards another in all things
as freinds and to assist one another accordingly But if it should
soe happen at any tyme hereafter that either party is weary of
the Peace, and Intends warr then that the Same shalbe signified
and made knowne each to other by Sending in and delivering
vp this writting before any Acts of Hostility or Enmity be done
or attempted, and that twenty dayes warneing thereof be given
before hand.
These severall Articles were solemnly and mutually debated
and Concluded at the River of Severne in the Province of
Maryland by Richard Bennett Esquier M* Edward LLoyde,
Cap" William ffuller, Mt Thomas Marsh, and M* Leonard
Strong Commissioners authorized and appointed by the Gov-
ernor and Councell of the aforesaid Province And by Sawahegeh
Treasurer, Auroghtaregh Soarhuhadigh Ruthchogah and
Wathetdianeh Warr Captaines and Councellors of Sasque-
hanogh Commissioners appointed and sent for that purpose by
the Nation and State of Sasquehanogh. And were fully
Ratified done and Confirmed by Severall presents, Guifts and
tokens of freindship mutually given receiued and accepted on
both Sides. In wittnes whereof the aforesaid Commissioners
in behalfe of the aforesaid Nation haue herevnto sett their
hands and Seales the day and yeare aboue written
Ri: Bennett Edd LLoyd Tho Marsh ~~ mathe of
° Ton! al
Will Fuller Leo Strong Locus x Sigill. Sawahegeh,
The marke of Aurotaurogh
ati
The marke of + Scarhuhadih
The marke of + Ruthcuhogah
The marke of + Wathetdianeh
William Lawson. Locus x Sigilli:
lafer Peter for the Sweades Governor
Wittnes
Proceedings of the Council of Maryland, 1648-1655. 279
Order of the Councell of State
Wednesday the 28" of July 52.
That the petition of Thomas Harrison in behalfe of some
well affected inhabitants in Virginia and Marieland be referred
to the Committee for Forreigne affaires who are to conferre
with him concerning the desires of his petition and thereupon
report their opinions therein to the Councel.
To the Right worshipfull Capt William Stone Governour
and the rest of the worshipfull Councill for the province
of Maryland: The Humble Petition of the Inhabitants
of the County of the Isle of Kent. Sheweth. —
That Whereas formerly There hath been by the Easterne
Shore Indians one Murdered and now of late one Shott another
killed and Stript neare to his own house all of them Inhabitants
of this Island and Subjects of this Province. A dwelling house
and much Goods Burned, as is conceived by Indians, To Say
nothing of theire Continuall Trade of killing of hogs they are
Soe Imbouldned, these Murders being passed by, And being
Soe well furnished with Gunns Powder and Shott that they
Come about our houses Night and day Soe that Larums and
disturbances are occasioned weekly nay daily Soe that Some
are Soe dreaded and afrighted they have left their plantations
and many are resolved to desert the Island w tends to our
weakening and the Incouragement of these heathens to make
a prey of those that Shall be left, and So to make themselves
by our Ruins more Strong to proceed and go on in theire mis-
chiefeous designs, we are alsoe informed that the Easterne
Shore Indians have Great Store of Powder and Shott and
many Gunns not only in what they have formerly bought and
have taken in Capt Gugnis his Rack But they have not long
Since taken a Dutch Sloop with forty nine Gunnes besides
very much Powder and Shott, Soe that they are very Strong,
bold and Insolent. The premisses Considered yo Petitioners
Humbly Crave that yo' worship and the Councill would be
pleased to Seriously to weigh and Consider our deplorable
Condition and take Some Speedy Course for the Suppressing
of these Heathens and avenging of Guiltless Bloud and the
preservation of our Lives with our wives and Children and we
Shall as in duty bound pray for yo" worships peace and Eternall
happiness
Henry Morgon Phillip Conner
John Phillips Thomas Ringgold
PERO:
Domestic
Interregnum.
Vol. 58, p. 86
Liber B.
p. 348
PERO:
Colonial
Papers, Vol.
XI, No. 65.
280 Proceedings of the Council of Maryland, 1648-1655.
Reasons of State concerning Maryland in America
? August 1652.
1. First. Itt is much better to keepe that Government still
devided from Virginia, as itt hath beene for this twentye yeares
last past, then to unite them, for, by that meanes, this Common-
wealth will have the more power over both by making one an
Instrument (as occasion shall require) to keep the other in their
due obedience to this Commonwealth.
2. Secondlye In case any defection should happen in either
Collony (as lately was in Virginia) the other may be a place of
Refuge for such as shall continew faithfull to this Common-
wealth, as Maryland lately was, upon that occasion, which it
could not have been in case the Government of that place, had
been, at that tyme, united unto, or had any dependance on
Virginia.
3. Thirdlye Itt will cause an emulation in both, which of
them shall give the better account of theire proceedings to the
Supreame authority of this Commonwealth, on which they both
depend, and also which of them shall give better sattisfaction
to the Planters and Adventurers of both.
4. Fourthly the Lord Baltemore haveing an estate, and his
residence, in England, this Commonwealth will have a better
assurance of the due obedience of that Plantation, and the
Planters and Adventurers thither of haveing right done unto
them, in case the Government thereof have still a dependance
on him, and he upon this Commonwealth, as he had before on
the late kinge, Then if the Government of that place, att so
remote a distance, should be disposed of into other hands
whoe had little or nothing here to be responsible for itt, and
whose interest and residence were whollye there.
5. Fifthly by the continuance of his Interest in the Govern-
ment therof, this Commonwealth and the people there are
eased of the charge of a Deputye Governor, which he, att his
owne charge maintaynes; the Inhabitants being yett so poore
(and so likely to be for many yeares) as that they are not able
to contribute any thinge towards ytt.
6. Sixthly Iff the Lord Baltemore should, by this Common-
wealth, be prejudiced in his Pattent, and right to that Province,
Itt would bee a great discouragement to others in Forreygne
Plantations, upon any exigency to adhere to this Common-
wealth, because itt is notoriously knowne that by his express
directions his officers and the people there did adhere to the
Interest of this Commonwealth, when all other English Plan-
tations (except New England) declared against the Parliament
and att that tyme received their freinds in tyme of distresse
(for which he was like divers tymes to be deprived of his
Proceedings of the Council of Maryland, 1648-1655. 281
Interest there by the Collony of Virginia, and others who ad-
hered, to the late kinge and his sonne) and itt would much
reflect upon the honor of the Parliament, if he should (as he
would in that case) be a laughing stocke to their Enemyes and
his, for his fidelity and affection to this Commonwealth.
[Endorsed]
Lord Baltemore’s Patent
about Maryland in
Virginia
By the Governor Cap' General of Maryland
Whereas the Yoacomoco Indians and the Matchoatick and
divers other Indians on the South Side of Potomake River take
to themselves a liberty of hunting herein St Maries & Charles
Countys not only to the utter destroying of the Game, and dis-
turbance of the Hoggs and Cattle if not destroying them also,
but by their Insolencies not to be endured are like to bring
great troubles to the Inhabitants of this Province if not timely
prevented, These are therefore in the names of the Keepers of
the liberties of the Common wealth of England by Authority of
Parliament Strictly to prohibit every Inhabitant of this Pro-
vince, to give any of the Said Indians here any entertainment
or to have any trade or Commerce with them in this Province
in any kind whatsoever after the time herein expressed,
excepting any Indian Cowkeeping Youth, in the penall Sume
and forfeiture of ffive hundred pounds of Tobacco for every
Such Offence aforesaid, the one half to the use of the Lord
Propriary his heirs and assignes, the other part to the Informer
and that they give unto the Said Indians in Case that they
Come here Contrary to this Proclamacon fair warning to be
gone, which if they refuse Soe to doe that then Capt John
Price be forthwith acquainted who is hereby required to Leavy
Soldiers and doe his Endeavour to drive them out of the Pro-
vince this be proclaimed by M* Land at his house and Set up
at his door the Eleaventh day of this Month and to be in force
the twentieth Sixe day following Given under my hand at St
Maries this 9° August 1652 M* Land I require you to pro-
claime this Proclamacon the eleaventh day and the twentieth
day following
William Stone
28" Augt 1652.
I Phillip Land doe testifie that I have proclaimed this Procla-
macon according to the Governor’s direction above expressed
Phillip Land
PaknO}
Colonial
Papers, Vol.
XI, No. 65.
Liber B.
Pp. 292
Pp: 293
Liber B.
P- 349
P: 350
282 Proceedings of the Council of Maryland, 1648-1655.
[Expedition against Indians.]
At a Court held at St Maries 25‘ day
Novemb' 1652
W™ Stone Esq Governour Collonell Francis Yard-
present < ley Cap‘ John Price M* Thomas Hatton, Mr’ Job
Chandler
Whereas a Petition was this day preferred to the Governour
and Councill Subscribed by Mr’ Phillip Conner, Mt Thomas
Ringgold, M* Henry Morgon and M’ John Phillips Commis-
sion’s for the Isle of Kent County, and Exhibited in the behalf
of themselves and the rest of the Inhabitants of the S¢ Island
expressing thereby the Great Danger they daily were in by
the Easterne Shore Indians who had of late in a barbarous
Cruell manner Slaine and Murdered Some of the Inhabitance
there & wounded and hurt others, besides Severall other mis-
chiefs and insolencies in Burning of houses and Goods killing _
of hogs & otherwise, And Earnestly Craveing that Some
Speedy Course might be taken for their reliefe and asistance
in the premisses, as well in Vindication of former injuries &
mischiefes as alsoe (through Gods assistance, to prevent the
like for the future that the Said Island might not be deserted
and the Inhabitance destroyed by the bloudy inhumane
Cruelty of those barbarous heathens and pagons as by the
Said Petition more at large appeares, The Governour and
Councill now present in Court together with Thomas Corn-
wallyes Esq and others whose advise and assistance was
desired in this Case of Great concernment taking the Matter
of the Said Peticon into tender and Serious Consideracon, In
regard of the urgent pressing necessity of this occasion have
thought it to be very fitt and requisite, And accordingly it is by
the Said Governour and Counsell now ordered and appointed
that Sufficient forces be Speedily raised for a march against the
Said Easterne Shore Indians, and for that purpose every Sev-
enth man throughout the province is to be pressed for this
Service, (Counsellors, Commissioners, and other officers and
persons of publick Imployments within this Province and others
usually freed in Cases of this Nature Excepted) and that the
Sheriff or other officer to be appointed in Every County by
the Governour or Commander or Commissioners of Such
County for this Imploym' Soe neare as he Can to presse the’
ablest and fittest man amongst every Seven for this Service,
together with Such convenient Number of boats and other
Vessells for transportacon well fitted as the Governour Shall
conceive fitting and Necessary to be used upon this Expedi-
tion, and it is further ordered that every the Sixe persons
®
Proceedings of the Council of Maryland, 1648-1655. 283
through out the Province are to furnish out the Seventh man
Soe pressed as aforesaid with Sufficient and fitting provision
of Victualls from the time of his Setting forth upon this Expe-
dition, untill the time of his meeting at the Generall Rande-
vouze at Kent hereafter menconed, and for twenty days after,
& with one Gunne well fixed, one pound and a halfe of Pouder
and Six pounds of Shott and all other fitting & necessary pro-
vision, Armes and Amunition for this Service from which
Charge noe Inhabitant of this Province, Counsellor or others
not pressed as aforesaid is to be Exempted. And It is further
Ordered that all and Every the forces Soe to be raised as
aforesaid in St Maries County, Charles County and on Putux-
ent River, on the North Side thereof Shall meet together at
Mattapania upon the Said Putuxent River near the house late
of Thomas Warr there upon the twentieth day of December
next, Together with Such Boates or other Vessells as Shall be
pressed or otherwise provided for the transportacon as afore-
said, every of the Soldiers to be fitted with Victualls, Armes &
Amunition and other necessary provisions for this Service as
aforest where the Governour is desired to appoint Some able
‘pson or Commander to take a View of them as alsoe how they
are accomodated in every particular for the Service, and under
~ whose Conduct and Command they may w" all convenient
Speed be transported after Such View taken as aforesaid, unto
the Isle of Kent to the Generall Randevouze there upon the
30% day of the Said month of December next And It is further
Alsoe ordered that all and every the persons and Soldiers Soe
to be pressed and Soe furnished with Armes, Amunition,
Victualls and all other necessary provision for the Service as
aforesaid, together with all Boats and other Vessells appointed
for this Service as aforesaid Shall and are hereby appointed
God permitting them, to meet together at the Said Generall
Randevouze upon the Said Island of Kent upon the Said Thir-
tieth day of December next, there to be disposed of and Im-
ployed for this Service, under the Conduct and Comand of
Capt W™ Fuller of whom the Governour with the advise of the
Counsell hath made Choice of for Commander in Chiefe in
this present March and Epedition, or under the Comand of his
Lieut Generall to be by him Chosen and appointed for this
Imploym! And for the better convenience of fixing of Gunns as
occasion Shall Serve upon this March, It is ordered that
William Tompson Servant to John Jarbo of St Maries County
be pressed for one of the Seventh men in that County and
that Such Tooles as are Necessary for his fixing of Guns be
pressed or otherwise procured from John Dandy for the time
of this Service, And It is further likewise ordered that for all
Such Indian prisoners as Shall happé to be taken, and brought
Liber B.
P- 35!
Liber B.
x p. 352
284 Proceedings of the Council of Maryland, 1648-1655.
in when this March is ended they Shall be divided according
to their Valuation upon a Generall Division throughout the
Province amongst every the Six that are at the Charge of Set-
ting forth the Seventh herein before menconed, unless the
Provinciall Court Shall think fitt to dispose of any of them
otherwise, And that for all other purchase or plunder either in
Corne or otherwise from the Said Indian Enemy During this
intended March, It is to go upon a Generall Division amongst
the Commander and Soldiers to be imployed in the Service as
the Provinciall Court Shall direct, and think fitt, Speciall regard
being to be had herein of those that Shall best demeane them-
selves in the Service, And lastly the Governour is hereby
desired by his Comissions and Warrants to hasten and further
this intended March with all possible Speed, and hereby to
give what further Directions & Limitacons he Shall think
fitting for the better Carrying on and prosecucon of this Expe-
dition
By the Lieut &c of Maryland
Whereas by An order of the Provinciall Court held at St
Maries the 25'" day of this instant Month of November made
upon a Petition from the Inhabitants of the Isle of Kent County,
It was thought fitt and Soe Ordered, that forces Should be
Speedily raised throughout this Province to be disposed of
under the Command and Conduct of you Cap! William ffuller
whom the Court made Choice of for Comander under me
William Stone Esq Governour of this Province of Maryland,
of all the forces to be raised for the purpose in the Said order
Mentioned, of which order you Shall herewith receive a true
Coppy under the hand of his Ldps Secretary of this Province,
to which I referr you for the further Contents thereof, These
are therefore in the Names &c And according to the Power
Given unto me by the Right Honble the Lord Baltemore Lord
Proprietary of this Province by my Commission from him for
the Governm‘ thereof, and alsoe according to the Directions
of the Said Order, and out of the Great trust and Confidence
reposed as well by my Self as by the Said Councell, and others
in the Said order mencdned in your fidelity Courage and Good
Conduct, To constitute and appoint you the Said Capt William
ffuller Commander in Chiefe under me of all the forces to be
raised for a Speedy March to be raised against the Eastern
Shore Indians, Giving you hereby full power and Authority
(if you think fitting) to raise & Leavy Such forces as are to be
raised and Levied in the County of Annarundell according to the
Said order, by Yot own Warrant to the Sheriffe or his Deputy
of your Said County or whom you Shall thinke Convenient for
Proceedings of the Council of Maryland, 1648-1655. 285
that purpose, Together with Armes, Amunition and _ provision Liber B.
Suitable, According to the directions of the Said Order, and
to presse or procure Such Boates or other Vessells in the Same
County as You Shall think convenient for their use during the
Continuance of this Service, further Giving you hereby full &
absolute Power and Authority to appoint and make yo" Lieuten'
Generall and Such other officers and Commanders under you p. 353
as you Shall think fitting for this Service, And by Your Self or
yo’ Lieutenant Generall or other Commander under you, with
all or any the forces to be raised as aforesaid, And to meet
according to appointmt upon the Isle of Kent the 30% day of
december next or at any other convenient time or place for
this purpose to March against all or any Indians Inhabiting
upon the Easterne Side of the Bay of Chesepeck to the North-
ward of the Southerly Bound of this Province on that Side the
Bay being over against Wickocomoco Point and from thence
in a direct line Eastward to the maine Ocean, and to make
Warr upon and through Gods Assistance by all possible meanes
to Vanquish, destroy, plunder, kill or take prisoners at yo" dis-
cretion all or any the S‘ Indians either by Sea or land, and
being Soe taken to put them to Death by the Law of warr or
to Save them at your pleasure, And for that purpose to pursue
them if occasion be, beyond the Bounds of the Said Province,
ffurther Giving you hereby full power and authority in the
Execution of the premisses, to doe all and Every other thing
which unto the Charge and office of a Capt Generall or Com-
mander in Chiefe of an Army belongeth and in all and Every
the premisses, your are to follow as near as conveniently you
can the direction of the order before mentioned, And I doe
further hereby Strictly Charge and require all and every the
Soldiers and others to be raised, or who Shall goe under your
Command that they and Every of them, Shall be aiding and
assisting unto you upon all occasions whatsoever, And to be
obedient to your Comands in all things as their Capt Generall
or Comander in Chiefe for this Service upon the penalty of
Such punishment to be inflicted upon them or any of them as
theire Neglect contempt or disobedience herein Shall deserve
in the Judgment of the Provinciall Court or Court Martiall.
Given at St Maries under the Great Seale of this Province this
29 day of November 1652
William Stone
By the Lieuten' &c of Maryland. Pp: 354
These are in the Names of the keepers of the Libertys of of
England by Authority of Parliamt Strictly to Charge and
Comand you forthwith after Receipt hereof to presse one able
Liber B,
P- 355
P- 356
286 Proceedings of the Council of Maryland, 1648-1655.
man out of Every Seven men inhabiting througout yo" County
of the Isle of Kent (counsellors, Commissioners and other
officers and persons of Publick imploym‘ and others usually
freed in Cases of this Nature Excepted) As alsoe one Sufficient
boate or Sloop fitting for their transportation and use in the
Service, mentioned in an order of the Provinciall Court of the
25‘ day of this present month of November, Sent herewith to
the Commissioners of your Said County, which men Soe pressed
are to be at the Generall Randisvouze upon the Said Island
of Kent the 30'" day of december next, with Each of them a
Gunn well fixed one pound and a half of Powder & Six pound
of Shott and Victualls for twenty days, after the Said day of
Generall Randevouze and with all other necessary Armes
Amunition and Provision according to the Said order, which
armes, amunition and provision is to be found and provided
by or at the Charge of every of the other Six out of whom the
Said Seventh man is to be pressed as aforesaid; And which
Armes, amunition and provision you may if occasion be Leavey
or presse accordingly, And the Said men Soe pressed and
Accomodated as aforesaid, are then and there to attend the
Commands of Cap‘ Willm ffuller theire Said Capt Generall or
Commander in Chiefe for this Expedition, to all intents and
purposes in the afores' order and his the Said Capt Generalls
Commission contained Soe far as it doth or may concerne them
or any of them and this upon the Strictest penalty in Cases of
this Nature provided, hereof fail you not at yo' perill. Given
at S' Maryes the 29'" day of November 1652.
William Stone
To the Sheriffe of the Isle of Kent County his Deputy or
Deputyes.
By the Lieut &c of Maryland
These are in the Names of the keepers of the Liberties of
England :p Authority of Parliamt strictly to Charge and require
you forthwith after receipt hereof to presse one able man out
of Every Seven men Inhabiting through out yo" County of
Annarundell (councellors, Comission'* and other officers and
persons of Publick imploym' & others usually freed in Cases of
this Nature Excepted as alsoe Soe many Sloops and other
Vessells fitting for their transportacon and use in the Service,
menconed in an order of the Provinciall Court of the 25‘ day
of this present month of November Sent herewith to Capt
William ffuller the Capt Generall or Comander in Chiefe in the
Said order named, which men Soe pressed are to be at the
Generall Randevouze upon the Said Island of Kent the go"
day of december next, with Each of them a Gunn well fixed
Proceedings of the Council of Maryland, 1648-1655. 287
one pound and a half of powder and Six pounds of Shott and Liber B.
Victualls for twenty days after the Said day of Generall Rande-
vouze, And with all other Necessary Armes, Amunition and
provision, according to the Said order, which Armes Amunition
and provision is to be found and provided by or at the Charge of
every of the other Six out of whom the Said Seventh man is
to be pressed as aforesaid, And which Armes Amunition and
provision you may if occasion Shall be Leavy or presse accord-
ingly, and the Said men Soe pressed and accomodated as
aforesaid are then and there to attend the Commands of the
Said Capt William ffuller, to all intents and purposes in the
aforesaid order and in his the Said Capt Generalls Commission
Contained Soe farr as it doth or may concerne them or any of
them and this upon the Strictest penalty in cases of this Nature
provided, hereof faile you not at yo" perill, Given at St Maries
this 29 day of November 1652.
W™ Stone
To the Sheriffe of Annarundell County his Dep’Y or Deputys
By the Lieutent &c of Maryland
These are in the Names of the Keepers of the Liberties of
England p Authority of Parliam‘ strictly to Charge and require
you forthwith after receipt hereof to presse one able man out
of Every Seven, inhabiting throughout St Maries County,
Charles County and on Putuxent River on the North Side
thereof, (councellors, Commissioners and other officers and
persons of publick Imploym' and others usually freed in cases
of this Nature Excepted) as alsoe two Sufficient Boats, Sloops
or other Vessells fitting for their transportation and use in the
Service, menconed in an order of the Provinciall Court of the
25°" day of this present Month of November of which order
You Shall herewith receive a true Coppy, And for one of the p. 357
men to be pressed in St Maries County you are to presse Wil-
liam Thompson Servant to John Jarbo with Tools from John
Dandy according to the Said order, all and Every which men
Soe pressed together with the Said Boats or other Vessells are
to meet at Mattapania upon the South Side of Putuxent River
upon the twentieth day of December next, with Each of them
a Gunn well fixed one pound & a half of powder and Six
pounds of Shott, and Victualls for Thirty days and with all
other necessary Armes Amunition and provision according
to the Said order, which Armes, Amunition and provision is
to be found or provided by or at the Charge of every of the
other Six out of whom the Said Seventh man is to be pressed
as aforesaid, And which Armes, Amunition, Victualls and
Liber B.
Pp- 358
288 Proceedings of the Council of Maryland, 1648-1655.
provision, you may if occasion be, Leavy or presse accordingly,
And after View of the Said men Armes, Amunition and _pro-
vision there taken as I Shall appoint, they are to be trans-
ported thence to the Isle of Kent where they are to meet at
the Generall Randevouze upon the Said Island the 30" day of
december next, there to attend the Commands of Capt W™
Fuller theire Capt Generall or Commander in Chiefe for this
Expedition to all intents and purposes in the aforesaid order &
his the Said Capt Generalls Commission contained So farr as it
doth or may concerne them or any of them and this upon
the Strictest penalty in cases of this Nature provided hereof
fail you not. Given at St Maries this 29 day of November
1652.
Willm Stone
To the Sheriffe &c
By the Lieutent &c of Maryland
Whereas the Sheriffe of St Maries County is by Warrant
from me (according to an order of the Provinciall Court of the
25'" of this present Month, to presse one out of Every Seven
men inhabiting throughout St Maries County Charles County
and upon Putuxent on the North Side thereof for the Service
in the Said order and Warrant mentioned for the more conve-
nient and Speedy Carrying on of the Busieness. These are
in the Names of the keepers of the Liberties of England :p
Authority of parliament strictly to Charge and require you and
every of you to be aiding and assisting unto the Said Sheriffe
in the Execucon of the premisses, and if he think requisite,
you are to goe to all the plantations, in your Severall hun-
dreds, and to take an Exact and true List of the names of all
the taxable persons and other men inhabiting in your Said
hundreds respectively, and to Charge and require all or Soe
Many of them as the Said Sheriffe Shall thinke requisite, that
they meet together at Such place and time in every Such hun-
dred as the Said Sheriffe Shall direct for the purpose aforesaid,
And if occasion be that you presse Such of them with Such
provisions Armes and amunition for Such Service as in the
Said order is Expressed, and all and Every the Said Inhabit-
ance are hereby Strictly Enjoined to yield all due obedience to
the Authority hereby Granted you as they will answer the
Contrary at their perill hereof faile you not. Given at St
Maries this last of November 1652
William Stone
To Every Constable in Every hundred or
Divident in St Maries County, Charles County
& the North Side of Patuxent River
Proceedings of the Council of Maryland, 1648-1655. 289
By the Lieuten' &c of Maryland.
These are in the Names of the Keepers of the Libertyes of
England, By Authority of Parliam' to Authorise and require
master Richard Prestone one of the Councell and Commander
on the North Side of Putuxent River to make and appoint
what person or persons officer or officers you Shall think
fitting, and to give his Warrant or Warrants to them for
Leavying and raising one able man out of Every Seven inhab-
iting upon Putuxent River, both on the North and South Side
thereof as also unto the Bay Side from the Mouth of the Said
River as farr as the Herring Creeke, with Victualls, Armes,
Amunition and Provision and to be found and provided by
and according to An Order of the Provincial Court of the five
and twentieth of November last, and to meet at Mattapania upon
the Said Putuxent River neare the plantation late of Thomas
Warr there the twentieth day of this present Month of Decem-
ber with Each of them one Gunn well fixed & one pound and
a half of powder and Six pounds of Shott and Victualls for 30
days & Armes, amunition and other provision according to
the Said order, and to be from thence transported for the Ser-
vice in the Said order Expressed under the Command of Cap*
William ffuller theire Capt Generall or Commander in Chiefe.
And the Said persons or officers Soe by you the Said master
Preston to be Appointed for the Execucon of the premisses are
diligently and Carefully to perform and Execute the Same as
they will answer the Contrary, at theire perill Given at S‘ Maries
the 2 day of December 1652
Willm Stone
To the Honble the Governour of Mayland
Ho Sir These
Yo: I did receive the Sixth Instant, in which you were
pleased to Honour me with the Command under yo" Self of a
Considerable party to march against the Easterne Shore
Indians, which may be of Good use, if wisely manag’d But Sir
I find the Inhabitants of these parts wholely disaffected, not to
the thing, but to the time of the yeare It being in all likelyhood
(as they conceive) dangerous for their health, first in regard
the want of Necessaries, as alsoe want of Vessells fitt to trans-
port them, and next, that it is possible they may be frozen into
the Rivers, and Soe expose themselves to more dangers
through cold and want of Necessary provisions, then by the
Enemies And one thing more which doth most take with me,
The Indians on the West Side had notice of it before your
Commission came to my hands, as I am credibly informed, to
prevent which a longer time were to be desired, as alsoe that
Liber B.
P- 354
P- 373
Liber B.
P- 374
290 Proceedings of the Council of Maryland, 1648-1655.
Some order might issue from your Self to prohibit the
reve[a|ling of yo" designe to any Indians under Some penalty
as the Law of Armes hath in that Case provided. As for the
Inhabitants of kent who were the Materiall Cause of this Ex-
pedition by their Exhibiting a Peticon to yo" Self for Speedy
reliefe, as is hinted in yo" Order. I Shall if weakness of body
prevent not give them a visit and advise with them, and
readily assist them if occasion be offered with men or other-
wise. Sir Let me Crave this favour not to be mistaken in
what I have writt, It is far from me to Slight the power God
hath placed over me, but am willing to Submitt to it, and that
really as for my Self I am ready both now, and at any other
time to do your Self and the Countrey all possible Service; But
it is the present apprehension of the people That after the Ex-
tremity of the winter be past, it will be farr more fitt for this
Service. Sir I Shall waite yo" pleasure
Dec 13° 1652 In the meantime I am Sir Yo" Servant
Willm Fuller
By the Lieutent &c of Maryland
Forasmuch as I have Newly received Intilligence by Lrés
from Cap‘ William ffuller Commander in Chiefe of the forces
raised for the intended March against the Easterne Shore
Indians, that the Indians have already Notice of the Said In-
tended March with divers other very Materiall reasons as the
danger of being frozen in and otherwise; by the Said Capt
ffuller given me for the deferring of the designe till a more
Seasonable time and opportunity, I have therefore upon Serious
consideration thereof, and of the Soldiers Great want of Ap-
parrell and other Necessaries at this unseasonable time of the
yeare, thought fitt, And with the Advise of the Counsell doe
hereby discharge all the forces raised for the Said intended
march, from any further Service therein for the present, Soe as
they may depart to theire Severall habitations, with theire
Armes Amunition and provision, And for Soe doeing this
Shall be their Warrant Given at St Maries this 18 day of
december 1652
Willm Stone
| [Revocation of Vaughan’s Commission. ]
By the Lieutent &c of Maryland
Whereas by my Severall Commissions to m* Edward LLoyd
Commander of Annarundell County, and Capt Robert Vaughan
Comander of the Isle of Kent County within this Province
p. 375 dated 29° Julij 1650. I thereby authorized them for the Ease
Proceedings of the Council of Maryland, 1648-1655. 291
of the Inhabitants of those remote Counties, to Grant Warrants Liber B.
for land (according to his Ldps Conditions) in theire Severall
Counties aforesaid, with further directions in the Said Com-
missions contained, And whereas I am Given to understand
that not onely the transmitting of Such Warr’* demands and
Assignments into the Secretaries office here (as by the Said
Commissions is directed) is Somewhat Neglected, but also the
due return of the Certificates of Survey thereupon, to the Great
prejudice not only of his Ldp in his Rents due upon Such
Surveyes, but also to the Great wrong and abuse of the Said
Secretaries office, and likely in Short time to produce much
confusion and inconvenience, ffor prevention whereof, These
are in the Name of the keepers of the Liberties of England by
Authority of Parliament, and as Governour here under his Said
Ldp, to declare the Said Commissions or any other for that
purpose Soe by me Granted to the Said Cap‘ Robert Vaughan
and m' Edward LLoyd as aforesaid to be void and Null, And
that no Warrt or Warrants for land be thereupon Granted by
them or either of them after the last of this present month of
december. ffurther hereby willing and requiring as well the
Said Capt Vaughan and m* LLoyd as also his Ldps Surveyor
Generall, That they the Said Capt Vaughan and m* LLoyd doe
cause transcripts of all Such demands or Tittles of land
Assignm' and Warrants within their Severall Counties as are
not yet transmitted into the Secretaries office to be Speedily
transmitted thither there to be Entred And that the Said Sur-
veyor Generall make Speedy returne into the Secretaries office
of all Such Certificates of Surveys by him already made by
Vertue of any Warrant w'Soever not yet returned, And that
he presume not for the future to Survey any land within this
Province for any Adventurer or planter, to be granted upon his
Ldps Condicons of Plantation without Some Warrant from my p. 376
Self or by authority from me or other Speciall Warrant or
direction from his Said Ldp here published for his Soe doeing,
his the Said Surveyors former irregular & unwarrantable pro-
ceedings herein having occasioned much trouble and incon-
venience to the great abuse both of his Ldps authority and the
Inhabitants. And hereof you the Said Capt Robert Vaughan,
m' Lloyd and m‘ Robert Clarke his Ldps Said Surveyor Gen
are required to take due Notice, and to Comply in all things
with the directions herein before Given, you and every of you
respectively, as you will Answer the Contrary. Given at S!
Maries this 18" day of december Anno Dni 1652.
William Stone
Liber B.
p- 386
292 Proceedings of the Council of Maryland, 1648-1655.
To the Honble the Governour and Councell of the
Province of Maryland
The Humble Complaint of Thomas Cornwallis Esq
against m* Thomas Gerrard Gent
Humbly Sheweth.
That Whereas, Richard Ingle Marriner for and in con-
sideracon of a Cargo of Goods delivered to the Said Richard
Ingle to be transported into Maryland to the Complainants
agent there, As alsoe for a Great Quantity of Tobacco taken
by the Said Ingle belonging to the Complainant together
with the plundering of his house and destroying of his Stock
to the damage of the Complt: at the least two or three thousand
pounds Sterling, did after a long and Chargeable Suit Com-
pound with the Complt and for the Satisfaction of his damage
together with the Goods and Tobaccos received by him, Agree
and accordingly did transferr & make over unto the Said
Complain‘ all bills, bonds, debts and Accompts due unto him
the Said Ingle in Virg* or Maryland to the Sole use and benefitt
of the Complt his heires and Assignes for Ever, as by a Deed
with a Schedule annexed under the hand and Seale of the Said
Richard Ingle doth and may Appeare, Now So it is that the
Said Thomas Gerrard takeing advantage of the Comp'* absence
and having as it is probable Combined with his Attorney or at
least making use of his Great Negligence, did after he had
Seen the Said Conveyance and as himself confesseth taken a
Copie of it, And consequently knowing the conversion of the
Said Estate from the Said Ingle did notwithstanding under a
pretence of damage received by the Said Ingle, procure a
Judgm!' against the Said Ingles Estate, By Vertue whereof and
the favour of the then Governour of Virg* he obtained a parti-
cular Warr‘ from the Said Governour of Virginia for the Im-
prisonm of Capt William Stone now Governour of this Province
untill he delivered up unto the Said Thomas Gerrard a Great
part of the Estate, formerly conveyed to the Complt being then
in the Custody of the Said Capt Stone, Whereupon the Said
m* Gerrard possest himself of a Great part of the Said Estate,
Contrary as the Complt humbly conceives both to Law and
Equity refusing to restore the Same unto the Complt, for which
he humbly craveth the Judgment of this Court, for repossessing
of him of his Said Estate Soe unjustly taken from him by the
untrue Suggestions of the Said mr Gerrard, and the arbitrary
power of the aforesaid Governour together with Such damage
as Shall appeare incurred by the Said Complt by the unjust
detention of his Estate and the writings belonging thereunto,
whereby many debts are lost, and the Said Estate much
imbezelled, and your Petitioner Shall ever pray &c:
Proceedings of the Council of Maryland, 1648-1655. 293
[Non-Exportation of Corn.]
By the Lieutent &c of Maryland
Forasmuch as I am Given to understand that there is
like to be Some Scarcity of Corne in this Province this
present year, and that divers persons have and doe take liberty to
buy corn of the Indian Inhabiting within this Province and and
to transport the Same out of the province into other parts, to
prevent the like for the future, These are in the Names of the
keepers of the Libertys of England :p Authority of Parliament
Published
Liber B.
p- 402
to will require and Command all and every the Inhabitants of p. 403
this Province, forreigners and others whom it may concerne
that they nor any of them doe or Shall not p'sume to transport
any corne out of this Province which they or any of them Shall
buy of any Indians Inhabiting within this province, without
Speciall Licence from me for Soe doing till Michaelmas next
or further order to the Contrary upon paine of being pro-
ceeded against for their Contempt or Neglect in this particular
as the Provinciall Court Shall think fitt, Given at St Maries
this 24 day of January 1652
. William Stone
ed cra The Governour this day by a declaration under his
hand to be published at Kent made Void all Warrants
or Licences by him formerly Granted for killing of wild un-
marked Hogs here.
By the Lieutent &c of Maryland.
Whereas there is Great Suspicion that the Indians intend
Some Mischeife to the Inhabitants of this Province; for the
better prevention whereof (by Gods assistance) These are in
the Name of the Keepers &c to require and Authorize Thomas
Gerrard Esq to use the best meanes he can to discover the
designes of the Said Indians, And for that purpose to raise
what forces he Shall think fitt with whom or otherwise (as
occasion Shall require) he may repaire to Portoback or Chop-
tico and (if he think fitt) either disarme or Secure the persons
of any of the Said Indians till Examinacon had touching the
premisses or further Order. Given at St Maries this 24 day of
March 1652.
Upon Consideration of the Danger from the In-
dians with the assistance of Capt Cornwallis &
m' Gerrard
Ordered upon m' Brooks offer of imploying one of his Sons
in the Service that the Said m* Brooks his Son and John Shanks
p. 406
Pp. 413
Pp. 422
Liber B.
P- 437
p- 462
Pp. 496
294 Proceedings of the Council of Maryland, 1648-1655.
or one of them be imployed as Intelligencers amongst the
Indians Living upon Putuxant River. :
To discover concerning the Mat hue Indians Comeing to
trade amongst the Indians of Putuxant, And upon the Said
Mat hue Indians arrival there, with all Speed to give Notice
thereof to m* Brooks and m* Preston who are with all Speed to
Certifie the Governour thereof that the forces to be appointed
for the Service under the Command of Capt John Price may
thereupon March forth to apprehend and Destroy them, if it
may be, And that it be left to the Governour who is desired to
give direction for the appointing the forces for this Imploy-
ment alsoe accomptant Number to be of the traine Band with-
in St Maries Charles County and Putuxent River who may
upon an alarum as occasion Shall require be ready to meet at
Some place of Randevouze under the Command of the Said
Cap‘ Price or what other Commander or Commanders the
Governour Shall appoint for the defence of the Province
24 Martij
The Governour this day declared in open Court that he
had remitted Two Thousand pounds of Tobacco and Caske
of the ffine of five Thousand pounds of Tobacco and Caske
Charged upon Cap! William Mitchell by an Order of the last
of June last for his offences in the Said order Expressed
The Governour this day appointed m* John Metcalfe High
Sheriffe of St Maries County according to his Ldps Speciall
direction in that behalf.
By the Lieutent &c of Maryland
Whereas at a Court held at St Maries
the 26 day of September last I ad-
journed the then next Generall Provinciall Court formerly
appointed to be held the Twentieth day of October last till the
first day of december next. Now These are in the Name of the
keepers of the Liberties of England by Authority of Parlia-
Another pel issued Ment And as Lieutenant Generall and Govern-
a 9° Jansar) * our of this Province and the right Honble the
Cort till 10 martij Lord Baltemore Lord Proprietary thereof to
&e give Notice to the Inhabitants of this Province
and others whom it may concerne, That forasmuch as noe
Necessity appeares of holding a Generall Court Soe Soon, Noe
English Shipping being yet arrived here, And that for divers
reasons relateing to the publick welfare, It were requsite (if
please God it may Soe happen) that we received Some direc-
A Proclamacoén Published eod
Proceedings of the Council of Maryland, 1648-1655. 295
tions out of England touching the Governmt here before a Liber B.
Generall Court, 1 have thought fitt therefore, and doe hereby
adjourn the Next Generall Provinciall Court from the first of
December next aforesaid till the tenth of January next and all
Warrants Summons and other process and references formerly
made out and appointed Either for the 20" of October or the
first of December Aforesaid are hereby reinforced and to Stand
Good in all respects for and untill the aforesaid Court to be
held the tenth of January next herein before appointed Given
at St Maries this 7 day of November Anno Dmi 1653.
William Stone
By the Lieut &c of Maryland
eee netige Whereas at a Generall Provinciall Court held
Bere calee 160," at oO Maries the 2 5° day of November 1652
upon the mocon of Thomas Cornwallis Esq,
m*' Willm Eltonhead and others disireing Some Course might p. 497
be taken for the getting up and killing the wild Cattell, The
Court then conceiving it to be a busieness of Generall Con-
cernment, and wherein the Ld Proprietary might likewise be
Interessed, referred the busieness till the next Generall Assem-
bly as most proper then to be Settled & determined, And
Whereas I am Given to understand by mt Thomas Hatton his
Lordships Attorney Generall and others that Notwithstanding
the Said order of reference (as it is Very Credibly reported)
Marks Pheypo, Nicolas Keeting Martin Kirke, and others have
of late in a bould Contemptious unwarrantable Manner, gotten
up, killed or disposed of to their own use or otherwise a Great
Number of wild unmarked and other Cattle to his Ldps Great
wrong and abuse and Contempt of the Governmt here Settled
under him, for which the Said Atturney intends in convenient
time to Call them to a Strict Accompt, But for the better pre-
vention of the like insolencies for the future and to put a Speedy
Stop to the Said Contemptious and unwarrantable proceedings,
These are in the Name of the keepers of the Liberties of Eng-
land by Authority of Parliament and as Governour here under
the Right Honble the Ld Baltemore Lord Proprietary of this
province Strictly to Charge and Command the Said Marks
Phepo, Nicolas Keeting and Martin Kerke, and all others
whom it may concerne that they and every of the from hence
forward forbear to gett up kill or dispose of any wild unmarked
Cattell and if any they have now in their penn or Custody that
they forthwith turn them loose and not any further to Meddle
therein till by Some Act or Order of Assembly or Other Law-
full Warrant by Authority here under his Ldp they be Authozed
for Soe doeing as they will Answer the Contrary at their
perills Given at S' Maries this 15'" day of December 1653.
William Stone
PRO:
Domestic
Interregnum.
Vol. 103,
Pp. 21, 22, 27,
28
296 Proceedings of the Council of Maryland, 1648-1655.
Orders of the Councell of State.
Thursday 29" December 1653.
On reading the petition of Colonell Samuel Mathews Agent
for Virginia directed to the Lord Protector. It is ordered and
declared in Councell by his Highnes that a Letter be prepared
to the Governor and Generall Assembly of that Colony, to en-
courage them and to establish the present Governor till further
order. And that the other part of the said petition be referred
to Mr Strickland and S*' An: A: Cooper who calling to them
M* Winslow Coll: Mathews and such others acquainted with
the affaires of that plantation as they shall thinke fitt, are to
consider how the same may for the future be setled to its ad-
vantage, benefitt and security, and to the service of this Com-
monwealth, as alsoe how the questions betwixt the Lord Balti-
more and the people of Virginia, concerning the Bounds
claymed by them respectively may with most Justice and equity
be determined to which purpose they are to send for all papers
referring therunto which were in the hands of the late Com-
mittee of the Navy or of any other and thereupon to state the
whole matter, and report the same to his Highness.
Saturday 31 December 1653 afternoone.
A Letter prepared for the Governor and Generall Assembly
of Virginia was now read and approved of.
To the Governor and Generall Assembly of
the English Plantation of Virginia.
Gentlemen,
Colonell Mathews the Agent for Virginia, hath diligently
attended the dispatch of some businesses referring to the peace
and setlement of that Colony, The perfecting whereof hath
been obstructed by the many publique affaires here depending.
And now it haveing pleased God (who is the great disposer of
all humane occurrencies) in his great wisdome, and according
to the Councell of his owne will, to alter the Government of
this Commonwealth, by entrusting the same unto a Lord Pro-
tector and successive Trienniall Parlaments. And Oliver
Cromwell Captayne Generall of all the forces of this Common-
wealth, being declared the present Lord Protector thereof (as
you may perceive by the platforme of Government herewith
sent you, and the proclamation thereunto annexed, which you
are forthwith after receipt hereof, to cause to be published)
address hath been made unto his Highnes by Colonell Mathews
petition, for the determining of these matters, which have so
long depended Whereupon his Highnes hath been pleased, to
put into an effectuall way the speedy resolution of these ques-
Proceedings of the Council of Maryland, 1648-1655. 297
tions, betwixt the Lord Baltimore and the Inhabitants of Vir- P. R. 0.
ginia, concerning the bounds by them respectively claymed, ie ae
And hath also declared his Intention, with the most convenient Vol. 103,
speed to settle the government, and other concernments of that
plantation, in such a way as may be for the benefit and security
of the Inhabitants, and render it most serviceable to the Com-
mon Interest, and honour of the Commonwealth, wherein you
may receive his Highnes particular determination in due tyme.
In the Interim his Highnes hath thought fitt to signifie to you
by his Councell (as he hereby doth) That the safety, protection
and welfare, of that plantation, (as well as the rest) is under his
serious thoughts, and care And to the Intent it may not suffer
any Inconvenience by the unfixednes of the government His
Highnes hath thought fitt to continue Colonell Bennet (of whom
his Highnes hath received a good Character) in execution of
the place of Governor, till his Highnes shall further signifie his
’ pleasure in that behalfe, which you may in probability expect
by the next Ships, and till such his further pleasure be declared,
his Highnes and the Councell recomend it to you, that the
publique peace of the plantation be diligently attended. That
Love be cherished, and the great Interest of Religion be owned
and countenanced whereby you will ingage God’s care over
you, who alone can make your affaires prosperous, and more
oblige this State tenderly to improve their oportunityes for
your protection, and encouragement.
Signed in the name and by order
of his Highnes and the Councell.
Whitehall 4" He: Lawrence. Prt
January 1653.
[Privateering in St. George’s River.]
By the Lieut & Governour &c of Maryland Liber B.
Whereas Capt Thomas Webber master of the Good Ship ne
Called the Mayflower of London and Merchants & others
aboard the Said Ship have lately taken as prize a Ship riding
in St Georg’s River within this Province. Wherein I doe not
think fitt at all to Intermeddle by any authority conferred upon
me here, but Leave the Tryall of the busieness to the Court of
Admiralty in England, where the Matter touching the Legality
of the prize (as I am now given to understand and for ought
I know to the Contrary) ought properly to be determined Now
These are for the Said Capt Webbers and the Said Merchants
better Incouragem! (and to remove any Jealousy or distrust p. 520
which may perhaps be conceived by them upon the Occasion
of taking the Said Ship) faithfully to promise and ingage my
Selfe (Soe far as in me lies) that they Shall not be any wayes
Liber B.
298 Proceedings of the Council of Maryland, 1648-1055.
troubled or Molested in their free trade within this Province
during their abode here with the Said Ships or either of them,
but Shall be therein protected to the Utmost of my power as
Governour of this Province, they Carrying themselves fairly &
peaceably as they ought without Just occasion of offence to the
Governm' or Injury to the Inhabitants here, And as touching
the Sailes belonging to the Ship Soe by them taken as prize
(which were ashore at and before the taking of the Said Ship,
_and there lately by them Veiwed) after Some time of consider-
P. 514
acon whether by any Law or Command from England or in
Justice they belong to them as prize or not I Shall give them
a Positive Answer therein, And in the Meane time (Soe far as
I May) will Secure them that in case they appeare to be their
Lawfull prize they may have them accordingly, Given under
my hand at S‘ Maries in the Province of Maryland this 18 day
of January Anno Domini 1653
William Stone
By the Lieutent &c of Maryland
Whereas m‘ Symon Oversey Merchant being an Englishman
borne and an Inhabitant of this Province of Maryland & of the
Colony of Virginia now and for divers years last past In w
regard he ought to have all Lawfull incouragement and pro-
tection from the Governmt here in the p‘servation of his Estate
& Managing & psecucon of his Just Imployments & occasions.
These are therefore in the Lords props Name Strictly to Charge
& require all & Every of the Inhabitants of this Province &
persons tradeing or resideing here & all others whom it may
concerne that they forbeare & Refraine in any Sort to hinder,
Molest, or trouble him the Said Symon Oversey his Agents or
Servants in the following & Managing of his Lawfull Occasions
& Imploym's trade or Commerce in any pt of this Province
with his Sloop, boate, or other Vessell or Vessells as they will
answer the Contrary at &c. Given at St Maries this 24" day
of January 1653
Willm Stone
[Confirmation of Lands.]
By the Lieutenant & Governour &c of Maryland
Ae aracen According to the Speciall direction and appoint-
fares coal ment of the Right Honble Caecilius Lord Baron
of Baltemore Lord Propty of this Province of
Mt fumxent’ Maryland in that behalf, These are in his the Said
z ' Lord Props Name to give Notice and declare to all
and Every the Inhabitants of this Province and others whom it
doth or may concerne. That Whereas his Said Ldp under-
Proceedings of the Council of Maryland, 1648-1655. 299
stands that divers persons inhabiting in this Province have not Liber B.
Sued out their Patents in due time for the lands which they
clayme to be due unto them here nor have taken the Oath of
fidelity (as they ought to have done) according to his Ldps
Conditions of plantation whereby they Clayme Such Land.
Yet his Ldp out of his Good affection to them is not willing to
take Such advantage as he Justly might, thereupon against
them, without giveing them first fair warning by this Procla-
mation of their Error therein, but is Contented that all Such
persons who Clayme any land due unto them respectively by
Vertue of his Ldps Condicons of Plantation dated the Second
day of July 1649 Shall Notwithstanding their Said default have
the Said respective Lands Granted unto them as if no Such p. 515
default had been Made.
Provided alwayes that they doe respectively within three
Months now next Ensueing take the Said Oath of ffidelity
according to his Ldps declaracon bearing date the Sixt of
August 1650 and his Instructions bearing date the 17" of
ffeb'y 1652. and also within the Said time make their Rights
to the Said Lands appear to his Ldp Secretary here, and Sue
out their Patents and pay to his Ldps receiver Generall here
or his Sufficient Deputy all Such arrears of Rent as are due to
his Ldp for the Said Lands respectively from the time Such
Patents ought by the Said Condicons to have been Sued out
by them Respectively, and also pay unto his Ldps officers here
Such ffees as of right belong unto them respectively for the
Same.
And These are further also in the Lord Prop's Name and by
his Speciall direction and appointm‘* as aforesaid to declare and
give Notice that in case Such person or persons So Clayming
any Land due unto them as aforesaid who Shall not take the
Said Oath of ffidelity or not Sue out their respective Patents
or not pay the Said Arrears and ffees respectively as aforesaid
within the time aforesaid, Shall be for Ever after debarred from
any right or Clayme to the Said Lands respectively Which (in
that Case) his Ldps Lieutenant here is by his Said Ldps
Speciall direction required to Cause to be Entred and Seised
upon to his Ldps use. Given at St Maries in the Said Province
of Maryland the Seventh day of ffebruary Anno Dai 1653
William Stone
Memorandum that upon the Eleventh day of ffebruary 1653 p. 520
m' Job Chandler tooke the Oath of a Counsellor to the Lord
Proprietary w" was Administred unto him by me his Ldps
Secretary
Tho: Hatton
Liber B.
p- 521
P- 554
p. 558
P- 559
300 Proceedings of the Council of Maryland, 1648-1655.
M' Robert Clarke appointed by the Lord Proprietary for
one of the Counsell tooke the Oath of a Counsellor this day in
open Court.
[Writs to run in the Proprietary’s name as heretofore. ]
By the Lieutenant &c of Maryland
Whereas the Right Honble the Lord Baltemore Lo: Prop'y
of this Province of Maryland hath given Expresse Charge &
Command to my Self and his other officers of Justice here to
issue out Writts within this Province in his Ldps Name as
formerly being a priviledge granted to him by his Pattent.
Whereby Sovereign, Dominion, faith & Allegiance is
reserved to the Commonwealth of England, And in that
respect the Making out of Writts here according to his Ldps
direction aforesaid Cannot any wayes derogate from our obe-
dience to that Commonwealth in Cheife under God nor o° In-
gagem' taken thereto, which we Must and ought to be Very
Carefull not to infringe. These are therefore to give Notice
to the Com’ for the Isle of Kent County and to all other
officers of Justice within this Province whom it may concerne,
that they are required by his Said Ldf to issue out all writts
in Every Severall County within this Province according to his
Ldps Said Direction, who will Expect a due Compliance with
his Commands therein, As they will Answer the Contrary,
And further These are in his Said Ldps Name to will and
require the Said Com’ for the Said Isle of kent County that
they be Carefull Soe farr as in them lies by. raising of Conve-
nient forces for that purpose within the Said County to pre-
vent any mischiefe from the Indians; of whom as | understand
there is at this p'Sent great occasion of Suspicion. Given at
S' Maries this 2¢ day of March Anno Dni 1653.
By the Lieutenant &c of Maryland
Whereas Capt Thomas Adams Marriner having lately pur-
chased a plantacon within this Province of Maryland (as lam
informed) intending with all Convenient Speed to Seat the
Same and to inhabit here and hath promised and undertaken
to Endeavour to worke and prcure an Intercourse of trade and
Commerce between the English Inhabitants of of this Province
and those of the Swedish Nation Inhabiting in Delaware Bay
which probably may redound much to the benefitt and advan-
tage of this Commonwealth if he may be authorized therein by
the Government here. These are therefore in the Lord Prop's
Name to Licence and Authorize the Said Thomas Adams with
Proceedings of the Council of Maryland, 1648-1655. 301
his Vessell or Vessells to Trade or Traffick with those of the
Swedish Nation in Deleware Bay or in any part of this Province
being not Enemys to the Commonwealth of England as alsoe
with any Indians on the Eastern Shore of the Bay of Chese-
peack within this Province not in open hostility with the Inhab-
itants here with and for any Merchandize trade or Truck not
any wayes prohibited or forbidden by the Laws of this Province,
Provided that the Said Thomas Adams in his Trade aforesaid
be Carefull to keep his Said Vessell or Vessells well Maned
with fitting Arms and Amunition for prevention of any Danger
from the Said Indians or other Enemys and provided that he
be Conformable in the premisses in Every respect to the Laws
and Orders prescribed and Appointed or any wayes in force
here in Case of trading within this Province and this his
present Commission in that behalf is to Stand and remaine in
force till the Lord Proprietary of this Province or his Lieuten-
ant or Chiefe Governour here for the time being Shall think
fitt to disanull and revoke the Same and no Longer Given at
St Maries Under the Great Seale of the Said Province the 18"
day of March Anno Dnhi 1653
William Stone
By the Lieutenant &c
Whereas by the Deposition of William Scott taken in open
Court the 4 day of this present Month & an Order of Court
of the Sixt of the Same Month made upon the Mocon of
Marks Pheypo & divers other Credible Reports Since then of
Coll ffrancis Yardley’s Contemptious Carriage & demeanor
towards the Governmt here under the Lord Prop'y & very prob-
able Suspicion of an Intention-in him, in Some private Man-
ner to remove his Estate out of this Province and to leave his
debts & ingagements here unsatisfied, These are therefore in
the Lord Props Name to will and require you and Every of
you In Case the Said Coll Yardley Shall Endeavour or attempt
to remove his Said Estate or any part thereof out of this Pro-
vince, before he first be Licensed thereto by the Governm* here
in an orderly way, That you doe use Your best Endeavours to
hinder or prevent him from Soe doeing by Makeing Stoppage
thereof and Secureing it in your or any of your possessions till
upon Notice thereof to be given to my Self or the Provinciall
Court here you receive further Order or direction herein, And
for Soe doeing this Shall be your Warrant, hereof you are not
to fail. Given at St Maries this 20'" day of March 1653.
To Lt Willm Lewis, George Dolty, Edmond Lindesey or any
of them
Liber B.
P 553
P. 554
Liber B.
Pp. 570
302 Proceedings of the Council of Maryland, 1648-1655.
The Accompt of mt Thomas Hatton his
dps Attorney Generall of So Much of
the Dutch Custome as Ever Came to his hands either
upon his Ldps Accompt or upon the Accompt of the
Soldiers or Demandants for half the Said Dutch
Custome by Vertue of the Act of Assembly of the
21 of April Anno Dini 1649. Intituled an Act for
Support of the Lord Prop'y.
1o April 1654. Is
The Said Attorney Debtor upon that Accompt.
Tob: & Cask
‘p remaining in his hands of the Said Custome Anno }
1649 for which he intended to have been Accomptable
to his Ldp, but upon m' Greens the then Receiver’s
Agreem' to Satisfie him the Next year what his Ldp
Should allow him for his pains as Attorney Generall
for that year he made paymt of the whole Sume to
the Soldiers, though m* Green’s Accompt doth
mencon 200! thereof to be allow’d the Accomptant
for Indian Arrows for his Ldps use which he paid to
Lieutenant William Lewis
— 3026
p Received of the Said Custome 24° ffebr 1650 of )
Claus Jacobson and was allowed him by his Ldp $ —2000
declaracon de Anno 1650
p Received of the S* Custome 24° Martij 1650 of 806
Jacob Derrickson m' Metcalfe being then Receiver ( — °°
p Bills Assigned by Skipper Jacob and Skipper Claus |
to m’ Green in part of the Custom, and by m' Greene
delivered to the Accompt upon his leaving the Re-
ceivers place. Viz. 2 Bills of 446! Tob: payable by
Lieu‘ Richard Bancks and one Bill of 795! Tobacco $ —1 241
payable by Thomas Warr which was by Order of
Court returned to John Hatch Attorney of Skipper
Jacob and the debt ordered to be paid to his Ldp
out of Skipper Jacob’s Estate but not yet paid
Summe Tottall is 12072
Idem Creditor upon the Same Accompt
p allowed him by his Ldps Declaracon of 16° Augusti
1650 —2000
p paid to Severall Soldiers & Demands upon that
Acc‘ (pnt :p Receipts inde)
p 100! Tob: paid to John Halfhead for Serving an !
147
—8890
Attachm' against Warrs Estate upon the Bill and
47’ Tob: for the Attachment & order thereupon
Proceedings of the Council of Maryland, 1648-1655. 303 :
for receiving and paying the 5306! Tob: the whole
Charge and trouble of the busieness resting upon
the Accomptant as Attorney m’ Metcalf being then
Receiver who was allowed but 5 -p Cent
—580
Acquittances Orders and whole Accompt in relacon
to the Said Dutch Custome
? for the Indian Arrowes Menconed to be allowed
me ‘p m’ Greenes Accompt
ffor drawing ingrossing recording and taking the
—600
——200
Creditor — Summe Tottall 12417
Debtor ut Sup? 12073
Upon this Acct there remains due to m" Hatton the
Attorney 344
His Ldps Said Attorney m* Thomas Hatton upon spduceing
this Accompt above written and the Acquittaces therein Men-
cond Moved the Court this day according to the direction of
an Order of the fourth of March last for an allowance thereof
The Acquittances and to be discharged as touching the Custome
Bee ease wherewith he Chargeth himself Debtor upon
Record fol: the Same Accompt, and that the three hundred
forty and four pounds of Tobacco and Caske remaining due to
him thereby be paid him out of his Ldps Rents and Revenues
together with what he Shall happen to fall Short of the 795!
Tob: from Skipper Jacob or his Attorney if he faile to gett the
Same in or any part thereof, And that, that debt be transferred
to him for his own use by order of Court for that purpose, And
the Court upon perusal of the Said Accompt and Acquittances
finding them to be Just and reasonable doth Order that they
be put upon Record conceiving that to be a Sufficient discharge
for him concerning the Said Custome and doth transferr unto
him the debt from Skipper Jacob according to his desire, And
for what he happens to fall Short in receiving thereof and the
three hundred forty and four pounds of Tobacco and Caske
remaining due to him upon the Accompt The Court referreth
him to his Ldp for his allowance in that particular.
By the Lieutent and Governour of Maryland
ticeacato Whereas m" Thomas Belcher of the County of
Tho: Belcher Annarundell within this Province of Maryland hath
made Suite to me for a Licence to keep an Inn or Ordinary in
Some place Convenient within the Said County for the Enter-
tainment and accommodation of Strangers & others as occasion
Liber B.
P- 571
p- 560
Liber B.
p- 561
P- 590
304. Proceedings of the Council of Maryland, 1648-1655.
Shall require. These are therefore to Licence and Authorize
him the Said Thomas Belcher to keep an Inn, or Ordinary in
any Convenient place within the Said County of Annarundell
for the purpose aforesaid as is desired, And to make Sale of
Beer, wine, Strong Waters or any other fitting and wholesome
Drink Victualls or provisions in his Said Inn or Ordinary, he
the Said Thomas Belcher keeping Good Orders and being
Conformable in the premisses to the Lawes of this Province.
Given at St Maries under the Great Seale &c this 17 day of
April Anno Domini 1654.
Willm Stone
[Proclamation of the Protectorate. ]
By the Lieuten' and Governour of Maryland
Pe CStCCOR Whereas I have lately received Certaine Intel-
Publicat eod
ligence that the Governm! of the Commonwealth
of England, Scotland and Ireland by a Lord protector and
Successive Trienniall parliam's is already there Established,
and that Oliver Cromwell Capt Generall of all the forces of that
Commonwealth is declared Lord protector of the Said Common-
wealth of England, Scotland & Ireland and the Dominions
therunto belonging for his Life, And Whereas the Governmt
here Established under the Lord Proprietary of this Province
according to his Pattent thereof is Subordinate unto and De-
pendent upon the aforesaid Governm' of the Commonwealth
of England Scotland and Ireland in Chiefe under God as one
of the Dominions thereunto belonging, I have. therefore with
the advise of the Counsell of this Province thought it Necessary
and doe hereby in the Lord Proprietarys Name make publi-
cation of the p'misses Strictly Charging and Commanding all
and every person or persons of what quality or Condicon
Soever inhabiting Resideing or being within this Province to
take Notice hereof and to Conform and Submitt themselves
with all due obedience and Subjection to the Governmt Soe
Established as aforesaid in Chiefe under God. And all Sheriffes
and other publicke Ministers and officers whom it May Con-
cerne are required to Cause this Proclamacon to be forthwith
published in their respective Counties and other Usuall places
for that purpose within this Province to the end that None may
have Cause to pretend ignorance in this behalf. Given at St
Maries the Sixth day of May Anno Domini 1654.
William Stone
Further likewise the Inhabitants of this Province & others
whom it may Concerne ar required to take Notice that in
Commeracon of this present Solemnity I have thought fitt to
Proceedings of the Council of Maryland, 1648-1655. 305
Grant a Generall pardon of all offences Committed in this
Province Since the last Generall pardon with Such Expeditions
and in Such Manner as Shall at the Publicacon thereof the
Next Court be Made Apparent, Given at St Maries the day
and yeare abovesaid.
William Stone
[General Pardon. ]}
By the Lieutenant &c of Maryland
ene =) Whereas upon the Sixth day of this present
Publica cod Month of May Upon the Occasion and in Com-
memoration of the then publishing or proclaim-
ing of his highness the Lord Protector, I did publickly declare
that I thought fitt to grant a generall pardon of all offences
Committed within this Province Since the last generall pardon
with Such Exceptions and in Such Manner as Should be Made
apparent at the Publicacon thereof this Court. In pursuance
whereof, These are in the Lord Proprietors Name to declare and
publish, That I doe in Commemoration of the Solemnity before
Mentioned pardon and remitt all pains forfeitures and penal-
ties which any person or persons Shall or May Incurr or Sus-
tayne for or by reason of any Crime misdemean' or offence
Committed within this Province against any the Laws, Ordi-
nances or Orders for the Governm!' thereof Since the last
generall pardon here published to this present day Except for
further or Treason, and Except also all forfeitures or penalties
for any Crime or offence at any time heretofore in any Court
within this Province adjudged to be paid to the Lord Proprie-
tary and not yet Satisfied nor remitted, And Except also all
Such persons and offences as the Said Lord Proprietary hath
by any Act under his Ldps hand & Seale at any time hereto-
fore published within this Province Excepted from pardon,
And Except Likewise all Rebellion Conspiracy Combination
or Endeavour Used or practiced at any time heretofore by any
person or persons against his the Said Lord Proprietaries right
Liber B.
P59
P- 595
and Dominion in and over this Province or any part thereof, P. 596
and not heretofore pardoned Given at S' Maries this 23'" day
of May Anno Domini 1654.
William Stone
[Privateering in St. George’s River.]
We the Governour and Secretary of the Province of Mary- p. 607
land whose Names are hereunto Subscribed doe declare and
Certifie to all persons whom it may Concerne that in January
last Capt Tho: Webber master of the Ship called the’ May
Liber B.
p. 611
306 Proceedings of the Council of Maryland, 1648-1655.
flower of London then tradeing or intending to trade in the
Said Province did with the assistance of his Said Ship men
and Amunition thereunto belonging forcibly take as prize a
Certaine Ship called the Maid of Gaunt then riding or run
on Shore in St Georges River within the Said Province which
had traded in Virginia the last year, having (as appeared to
us) the Governour of Virginia’s Warrant for So doing in
regard as it Seems the owner and Merchants thereof were
Inhabitants of the king of Spain’s Dominion as by Commis-
sions produced to that purpose appeared to our Understand-
ing, And that with and in the Said Ship the maid of Gaunt the
Said Capt Webber Likewise tooke as prize (as we are Very
Credibly informed) 46 hhds of Tob: with divers goods & hous-
hould Stuffe belonging to mt Symon Oversey Merchant an
Inhabitant of the Said Province of Maryland and that the Said
Capt Webber refusing either to Submitt to a Tryall touching
the premisses before the Governour and Councell of the Said
Province or to make or give other Satisfaction therein, hath
Carried away the Said Ship, Tackle, furniture Tobacco and
Goods out of the Said Province as prize intending as we con-
ceive for the Port of London, All which we declare and Certifie
as aforesaid. Given at St Maries in the Said Province of
Maryland under our hands this 12" day of June Anno Dni
1654
William Stone: Tho: Hatton
[ Witchcraft. ]
The Deposition of m* Henry Corbyn of London
Mercht aged about 25'" years, Sworne and Examined
in the Province of Maryland before the Governour &
Councell there (whose Names are hereunto Subscribed)
the 23 day of June Anno Domini 1654. Saith
That at Sea upon his this Deponents Voyage hither in the
Ship called the Charity of London m* John Bosworth being
Master and about a fortnight or three weeks before the Said
Ships arrivall in this Province of Maryland, or before A Ru-
mour amongst the Seamen was very frequent, that one Mary
Lee then aboard the Said Ship was a witch, the Said Seamen
Confidently affirming the Same upon her own deportment and
discourse, and then more Earnestly then before Importuned
the Said Master that a tryall might be had of her which he the
Said Master, m‘ Bosworth refused, but resolved (as he Ex-
pressed to put her ashore upon the Barmudoes) but Cross
wids p'vented and the Ship grew daily more Leaky almost to
desparation and the Chiefe Seamen often declared their Reso-
lution of Leaving her if an opportunity offerred it Self which
Proceedings of the Council of Maryland, 1648-1655. 307
aforesaid Reasons put the Maste upon a Consultation with m* Liber B.
Chipsham and this Deponent, and it was thought fitt, Consid-
ering our Said Condition to Satisfie the Seamen in a way of
trying her according to the Usuall Custome in that kind
whether She were a witch or Not and Endeavoured by way of
delay to have the Commanders of other Ships aboard but
Stormy weather prevented, In the Interime two of the Seamen
apprehended her without order and Searched her and found
Some Signall or Marke of a witch upon her, and then calling p. 612
the Master mt Chipsham and this Deponent with others to See
it afterwards made her fast to the Capstall betwixt decks, And
in the Morning the Signall was Shrunk into her body for the
Most part, And an Examination was thereupon importuned by
the Seamen which this Deponent was desired to take where-
upon She confessed as by her Confession appeareth, And
upon that the Seamen Importuned the Said Master to put her
to Death (which as it Seemed he was unwilling to doe, and
went into his Cabbinn, but being more Vehemently pressed to
it, he tould them they might doe what they would and went
into his Cabbinn, and Sometime before they were about that
Action he desired this depont to acquaint them that they
Should doe no more then what they Should Justifie which they
Said they would doe by laying all their hands in generall to
the Execution of her, All which herein before Expressed or the
Same in Effect this Depon‘ averreth upon his oath to be true,
And further Sayth not
William Stone Sworne before us the Henry Corbyne
Tho: Hatton day and year above written
Job: Chandler
The Deposition of ffrancis Darby Gent Aged about
39 yeares Sworne and Examined in the Province of
Maryland before the Governour and Councell there
whose Names are hereunto Subscribed the 23 day of
June Anno Domini 1654. Saith
That at Sea upon the Voyage hither about a fortnight or
three weeks before the Arrivall of the Ship called the Charity
of London in this Province of Maryland, whereof m" John Bos-
worth was then Master and upon the Same day that one Mary
Lee was put to Death aboard the Said Ship as a witch he the
Said m* Bosworth Seeing him this Deponent backward to Assist
in the Examination of her asked this Depon‘t why? and tould
him that he was pplext about the busieness Seeing he did not
know how he might doe it by the Law of England afterwards
this deponent being present in the Round house heard the Said
m’ Bosworth give Order that nothing Should be done concerning
Liber B.
p. 613
p. 614
p- 615
308 Proceedings of the Council of Maryland, 1648-1655.
the Said Mary Lee without Speaking first with him, and after
She was put to Death or Executed to the best of this Deponents
remembrance he Said he knew nothing of it, And this Deponent
Saith that the Said Bosworth was in the inner room of the
Roundhouse, he this deponent being in the next room at the
time they treated about the busieness And this Depont could
not perceive any thing either by word or Deed whereby he
gave order for her Execution or putting to Death and after this —
he Commanded they Should doe Nothing without his Order
and alsoe after the Execucon, expressed he knew not of it for
that this Deponent hearing these words (She is dead) ran out
and asked who was dead, and it was replyed the witch then
this Deponent Entred the next Room and Said they have hanged
her and he the Said Bosworth thereupon as it were Speaking
with trouble in a high Voyce replyed he knew not of it All
which herein before Expressed or the Same in Effect this De-
ponent averreth upon his oath to be true, And further Sayth not.
Sworne before us the day and Francis Darby
Yare abovewritten
William Stone
Tho: Hatton
Job Chandler
[Erection of Calvert County.]
Tertio die Julij 1654.
Forasmuch as the right Hono'ble the Lord Baltemore Lord
Proprietary of this Province by his Instructions to the Governour
and Councell here dated the 28 of September 1653 has dis-
charged Robert Brooke Esq late Commander of Charles County
from being of the Counsell, Conservator or Justice of the peace
or Commander of any County within this Province. The
Governour hath thought fitt for divers reasons relating to the
publick Good And doth this day by advise of Counsell make
Void and Villify an Order or Constitucdn made the 21" of
November 1650 touching the Erecting Some part of the South
Side of Putuxent River into a County by the Name of Charles
County, And instead thereof doth now Erect make and appoint
both Sides of Putuxent River into one County by the Name
Calvert County Bounded on the South Side with Pynehill River
or Creeke to the head thereof and from thence through the
woods to the head of Putuxent River being the Northerly bound
of St Maries County, and bounded on the North Side with the
Creeke upon the Westerne Side of Chesepeacke Bay called
the herring Creeke and from thence through the woods to the
head of Putuxent River being the Southerly bound of Anna-
rundell County, And the Governour this day likewise appointeth
m‘ Richard Collett to be high Sheriff of Calvert County afores*
CECILIUS CALVERT, LORD BALTIMORE,
Proprietary.
WILLIAM FULLER
and others,
Commitsstonerxs.
1654-1657.
Aug" 8° 1654.
Res Commission for the Administration of Justice
Wae Durand in the Province of Maryland now Reduced
Secret and Settled under the obedience of the Com-
monwealth of England in the Name of his Highness the
Lord Protector of England, Scotland, Ireland and all
the Dominions thereto belonging, Given by the Honble
Richard Bennett Esq and Colonell Will" Clayborne
Commission’ for his Highness to the Reduceing and
Settling the Plantatations of Virginia and Maryland
Under the Obedience aforesaid.
Whereas by Severall Orders drawn up and published at S'
Maries the 29 of March and the 28 of June 1652 The Province
of Maryland was reduced and Settled under the Authority and
obedience of the Commonwealth of England as to the Governm*
thereof by Speciall Order and Command of the Councell of
State by Commission from the Parliament, and was left in the
hands of Capt William Stone mt Thomas Hatton and others
who were required to issue Out all writts and_other processe
in the Name of the keepers of the Libertys of England, accord-
ing to the Express words of the Commission and instructions
for reduceing Settling and Governing of all the Plantations in
the Bay of Chesapeacke to the obedience of the Commonwealth
of England, as in and by the aforesaid Orders or Proclamations
may and doth appeare. And Whereas the aforesaid Capt W™
Stone by Speciall order from the Said Lord Baltemore (as it
appeareth) was perswaded and induced to goe away from his
obligation and the trust reposed in him by Issueing forth writts
and all other processe in the Name of the Lord Proprietary of
this Province, placeing and Displaceing those of the Councell
& Imposing an Oath upon the Inhabitants Contrary to and
Incosistent, with their engagemt and oath to the Commonwealth
of England upon the penalty and forfeiture of the lands of all
Such as Should refuse to take the Same within three Months
after Publication thereof which were then to be Entred and
Seized upon for his Ldps use thereby occasioning great dis-
content and disturbance among the Inhabitants, besides the
Irregularity and Cruelty of the Said proceeding and the oppo-
sition and Rebellion therein to the Commonwealth of England,
& his highness the Lord protector. And further Whereas by
Liber B.
p. 618
p. 619
Liber B,
p. 620
p. 621
312 Proceedings of the Council of Maryland, 1654-1657.
a late Proclamation dated the 4** of this Month published in the
Said Province, both the Commissions and the people (who ad-
hered to their engagem' to the Commonwealth of England and
refused to own or acknowledge any other Name or Authority
(as to Governm') or to take any other oath but what they had
already taken to that power) were charged that they drew
away the people, and led them into faction, Sedition & Re-
bellion against the Lord Baltemore, whereby not onely the
Lands houses and plantations of many hundreds of people,
but also their Estates and lives were liable to be taken away at
the pleasure of the aforesaid Lord Baltemore and his officers;
by all which unjust and Unreasonable proceedings the people
were put upon a Necessity of Standing upon their own defence
for the Vindication of their Just rights & Liberties & freeing
themselves from those great oppressions whereby the whole
Province was very much threatned & apparently endangered
For the prevention whereof as alsoe for the Reliefe of those
that were So deeply distressed, and for the Settlement of the
Province in peace and in their due obedience under his highness.
The Said Commissioners by authority derived to them from his
Highness the Lord Protector applyed themselves unto Capt
William Stone the Governour & the Counsell of Maryland,
according to a Declaration of the 15* of this Month herewith
published, who returning onely opprobious & uncivill Language,
presently Mustered his whole power of men & Soldiers in Armes
intending to Surprize the Said Commissioners and (as could
be imagined) to destroy all those that had refused the Said un-
lawfull Oath, & onely kept themselves in their due obedience
to the Commonwealth of England Under which they were
reduced and Settled by the Parliaments Authority and Com-
mission Then the Said Commission" in quiet & peaceable
Manner with Some of the people of Putuxent & Severne went
over the River of Putuxent, and there at length received a
Message from the Said Capt Stone, that the next day he would
meet and treat in the woods, And thereupon being in Some
fear of a party to Come from Virginia he Condescended to lay
down his Power lately assumed from the Lord Baltemore, and
to Submitt (as he had once before done) to Such Government
as the Commissioners Should appoint under his Highness the
Lord Protector.
It is therefore Ordered and declared by the aforesaid Com-
missioners, That for the Conservation of the peace and publick
Administracon of Justice within the aforesaid Province of
Maryland Capt William Fuller m* Richard Preston, m’ William
Durand m* Edward LLoyd Cap‘ John Smith, m™ Leonard
Strong m* Lawson m* John Hatch m' Richard Wells
and mf" Richard Ewen or any four of them whereof Cap!
Proceedings of the Counctl of Maryland, 1654-1657. 313
William Fuller, m* Richard Preston or m* William Durand to Liber B.
be alwaies one to be Commissioners for the well Ordering,
directing and Governing the affaires of Maryland under his
highness the Lord Protector of England, Scotland, Ireland and
the Dominions thereof, and in his Name onely and no other,
and to proceed therein as neare as may be to the Lawes of
England. To appoint and hold Courts for the due Adminis-
tration of Justice and Right in Such places.and at Such times
as they Shall thing meet and Necessary, And any of the Com-
missioners of the Quorum to issue out Writts, Warrants &
Subpcenas &c: As alsoe that they Summon an Assembly to begin
on the 20" day of October Next. For which Assembly all Such
Shall be disabled to give any Vote or to be Elected Members
thereof as have borne Armes in Warr against the Parliament
or doe profess the Roman Catholick Religion, And the Said m‘*
William Durand is hereby appointed to be Secretary to the
Said Commission’ and to receive the Records from mt Thomas
Hatton And Cap‘ John Smith to be Sheriffe for this ensuing
year, Dated at Putuxent River in the Province of Maryland the
22‘ day of July 1654.
Recordum Verum Teste Ri: Bennett
Wr? Durand Secr. W™ Claiborne
Sir
You are hereby Required to deliver the Records of this Pro-
vince and all the papers concerning the Same unto m' William
Durand or whom he Shall appoint to receive them from you
July 22. 1651
Ri: Bennett
To m* Thomas Hatton W: Claiborne
These
To the Honble Assembly held now this p'sent Octo- p. 632
ber for the Governing and Settling of this Province
of Maryland,
The Humble Peticon of John Sturman Sheweth That
Whereas there was a Suit depending between your Petitioners p. 633
father, William Hardwich and Cap‘ Thomas Cornwalleys who
Sued all of us as aforesaid in an Action of one thousand
pound Sterling, which Suit comeing to a hearing about April
last was twelve month, the Said Cap' Cornwalleys not proving
any thing against us, there the petition's proved Severall par-
dons by the former Governo’ Leo: Calvert Esq, mt Thomas
Greene and Since my Lord Baltemore then Proprietary of this
Province which pardons was confirmed by act of Assembly,
and an Act of oblivion to remitt all offences, yo" petition’
Liber B,
Pp. 634
Liber B.
EOF:
No. 3,
Pp. 140
p. 141
314 Proceedings of the Council of Maryland, 1654-1657.
pleading and proved that the Said Capt Cornwallyes brought
not his Sut within Compass of time, he having an Attorney
here in the Countrey, and when all parties had alledged what
they could, It was then the opinion of the Court, with the con-
sent of both parties, to have the opinion of the next Generall
Assembly unto whom it was referred as may appeare upon
Record, Notwithstanding the faire proceedings as afores* the
aforesaid Capt Cornwallyes writt to my Lord, that he was
delayed in Justice Concerning yo" Petitions father and yot
Peticon' my Lord Baltemore writeing unto Governour Stone,
the aforest Capt Cornwalleys obtaining an attachm' against my
father’s Estate, to the Value of tenn thousand pounds of
Tobacco and Caske, takeing his Servant and Cattell without
Bail or Mainprize, and likewise arresting yo" Petitioner in an
Action of ten thousand more and to Answer at the next Court,
your Petition’ appearing and finding that it was, the opinion of
the Governour & Councell to follow my Lords Order and like-
wise the Governour displaceing of Some of the Councell, which
was at the Court upon the former proceedings Referred, and
issueing all processe in my Lord Proprietaryes his Name, and
not according to the Governm' to whom yo’ Petition" had Sub-
scribed ingagm' under the Commonwealth of England yo'
Peticon’ Condescended to put it to Arbitration not Subscribing
any thing under hand to ingage your Petition" to Stand to it,
the Arbitrators awarded your Petition’ father & himself to
pay Eleven hundred and fiftie pounds of Tobacco in Caske
without Ground Leaves, and to pay all Charges of Court pro-
vided that the aforeSaid Capt Cornwalleys was Contented to
take of Will Hardwich one hhd of Tobacco which he was Con-
tented to give him, by the perswasions of Some friends, and
the afores* Cap' gave him a Generall discharge, provided that
the Said Harditch Should noe way Councell yo" Petition” in
his afores* proceedings which if he did it Should be noe dis-
charge, and yo’ Petitioners father dying before any Such Tryall
was made, Soe that there is none Concerned in the aforesaid
Order of Refference but your Petitioner.
The premisses Considered your Petition" humbly craveth
that he may have the opinion of this Honourable Assembly
according to the order of reference in that behalf, Notwith-
standing the afores* unjust proceeding, and that it will please
you that an Act may be framed, for the Settling things of So
long Standing And he as in duty bound Shall pray.
Whereas the ordering directing and Governing the affairs
of Maryland for the Administracon of Justice Conservation of
the peace is Committed to us by the Supream Authority of
the Commonwealth of England, And also the Militia is Com-
Proceedings of the Council of Maryland, 1654-1657. 315
mitted to us by the Same power and also by Act of Assembly Liber B.
in that Case Provided, It is therefore Ordered that for the more Moe oe
Convenient Administration of Justice and Government in the ~
Limits of St Maries and Potomock, Capt Robert Sly be ad-
mitted into the Number of the Commission’s of the Province
and Councell of State in Maryland to act in that place asa
Councellot or Commission’ in all matters that Concerne the
Honot of the Lord Protector and Commonwealth of England,
the Good and wellfare of the people of this Province, as fully
as the rest of the Councello’ & Commission™ have power to
doe, And that the Said Capt Robert Slye m* John Hatch and
m' Lawson Shall have power to issue out Writts & process
both for the Provinciall Courts County Courts or any other
necessary occasion for the Commonwealth, And the Said m‘
Hatch and m*‘ Lawson to be in Speciall assistant to the Said
Cap' Robert Slye himself officers & Soldiers in in repelling
and Suppressing any opposition agt the present Government
made by the Lord Baltemore or any other, And that an
Account be kept what Warr’ or Writts any of the S* Coun-
cellors Shall Grant, and the return of them may be Enquired
after in the Courts &c
It is ordered that Capt John Smith Shall be Constuted Muster
Master Generall for St Maries Potomock and Putuxent Counties,
And is hereby Impowered to exercise the Said office in as large
and ample Manner as hath been formerly practiced by Such an
offict and as the present occasions doe or may require here
It is ordered that Capt John Smith doe take what Care he
may Concerning the Estates of Delingents which are Sequestred
in Putuxent and Potomock and S! Maries to take an Inventory p. 143
thereof and use Such prudent means to Save Indamnified the
Said Estates as he Shall think fitt untill further Order Come
from the Governour & Councell under his highness the Lord
Protector
According to an order of the Provinciall Court holden at p. 146
Putuxent the 24 of Apr’ 1655 That Capt John Smith and
Capt Peter Johnson Should be Commanders of the Military
forces in Putuxent River on both Sides of the River, We doe
therefore in the Name of his Highness the Lord Protector of
England Scotland Ireland and the Dominions thereunto be-
longing Constitute ordaine and appoint, You Cap‘ Jn° Smith
to be the Chiefe Commander of all Such as Shall be Nominated
and Listed Soldiers of the Trayne band for the Service of the
Commonwealth from Leonard’s Creek downwards includeing
the Eastern Side of the Said Creeke and both Sides of the
River Giving and Granting unto you full power & Authority
Liber B.
i. OO. Re
No. 3.
Pp. 147
P. 145
316 Proceedings of the Council of Maryland, 1654-1657.
to make Choice of Soe many able men in the S* limit as you
Shall think fitt and present their Names to the Court, And also
to muster and Exercise them in Armes and take Care that they
be in a readiness upon all occasions for the repelling & rep-
pressing of all those who Shall act Consult or appeare against
the Government here Established under his Highness the Lord
Protector, And if any want Armes, then that you warn them
to provid themselves thereof as they ought to doe by the Act
of Assembly in that Case provided, And if they Cannot at
present provid themselves of Sufficient Armes, then you are
Authorized hereby to prcure Armes for them, either by buying
Armes upon the publick account or furnishing that want from
the publick Magazine, And you are hereby Impowered to
Imploy the Said forces from the Generall as Needs Shall be
and as you Shall receive order and Commission from the
Generall or Councell of State, any of them which are of the
Quorum, And to Chuse and Nominate your Lieutenant, and
other officers in yo" Company from which officers and Soldiers
you Shall take Solemn ingagment of faithfullness and Duty to
his highness the Ld protecto* and the Governm Established in
this Province under him to you their Capt in the affaires of the
Publick peace and wellfare of this Province, And we doe here-
by in the Name of his Highness the Lord Protector Strictly
Charge and require all the officers and Company aforesaid to
acknowledge yo' Self as their Captaine and to yeild all ready
obedience to your Commands lawfull & necessary as Good
Soldiers and Loyall Subjects of the Commonwealth Given
under our hands this 24 day of Aprill 1655
At a Provinciall Court held in Putuxent
the 26" day of June 1655.
Present. Comission™
Capt William ffuller Capt Richard Ewen
m’ Richard Preston m* John Hatch
m* Edward LLoyd
. Whereas it appears that the attendance of Divers Members
of this Court is taken off & by reason of their Severall occasions
and Imployments Calling them at present out of the Province,
and the Great Cause and Necessitie there is of ading assistance
unto the Same The Court hath thought fitt and doth therefore
order that m* Thomas Meares & March to be Commissioners
for the Provinciall Court and that Notice be given them to
Make their appearance at the next Provinciall Court held at
Severne there to take their Charge upon them.
Proceedings of the Council of Maryland, 1654-1657. 317
At a Provinciall Court holden the 13 of August 1655
It is ordered that Capt Sampson Waring (who had former
Liber B.
Owns
No. 3.
order for the Same, m' Michaell Brooke m* Robert Pott mt’ p. 146.
Woodman Stockley be added to the Number of the Provinciall
Commissioners of Maryland and are hereby Impowered to act
as Commissioners of the Said Province as fully as is Granted
by the Commissions of his highness the Lord protector of
England Scotland Ireland and Dominions thereunto belonging
by their Commission upon the Records of the Said Province as
at large appeareth therein.
William ffuller Ri: Ewen
Edward LLoyd Tho: Meares
Rich: Wells Tho: March
Ata Provinciall Court holden the 13" of August 1655
Present. Cap' William ffuller Governo' m* Thomas Marsh
m* Edward Lloyd. m* Thomas Meares
m’ Richard Wells.
Cap' Richard Ewen.
It is ordered that the Captaines of the Trayn bands of
Putuxent Shall require all the Inhabitants fitt to bear Armes to
appeare at their Exercises, which if after warning & having no
Just Cause to hinder them they deny then the S* Captaines
Shall fine them, And if they Continue obstinate disarme them,
And whereas divers persons of Putuxent have had Gunns lent
unto them from the publick; It is ordered that they Shall be
delivered up to the Captaines, Except the persons are well
affected to the present Government & approved themselves
Such as are fitt to be Confided in
William ffuller. Richard Ewen
Edward Lloyd. Thomas Meeres
Richard Wells. Thomas Marsh
At a Court holden the 22" of Augt 1655
Capt W,, ffuller Capt Sampson Waring
Present 4 m' Edward Lloyd m* Tho: Meeres.
Capt Ri: Ewen
It is ordered that the Sheriffe Shall have power and is here-
by impowered to distraine the Goods of all Such persons as
Shall refuse to pay unto him or his assigns all or any Such
ffees as are due to him or Shall deny to pay him Such
Tobaccos as are due by Levies & Secretarys ffees which he is
to Receive.
William ffuller
p- 148
Pp. 149
Liber B.
EaAO7 Rs
No. 3.
P- 239
Pp. 240
318 Proceedings of the Council of Maryland, 1654-1657.
Noverint Universi per presentes nos Sampsonem Waring
de Comitatu Putuxent in Provincia Maryland gen et Iohan
Norwood de Comitatu Providentiz in eadem Provincia gen
Teneri et firmiter obligari Olivero Dino Protectori Angliz,
Hibernz, Scotize et Dominijs pertinentibus, in Mille libris bonze
et legalis Monete Angliz Solvend in Tobacco eidem Dmio
Protectorj aut assignat et atturnat Vel Comissionarijs Ad quam
quidem Solutionem bene et fidelit faciend obligamus nos et
utrumq nrm hered executores et Administratores nrds et
Utriusq nrum :p Se p toto et in Solido firmiter :p presentes
Dat Decimo die decembris Anno Dini 1655
The Condition of this obligation is Such that if the above
bounden Sampson Waring being appointed and Sworne Sheriffe
for Putuxent St Maries and Potomock Counties in the Pro-
vince of Maryland Shall well and duly Execute the Said office
of Sheriffe in the Said precincts to the best of his knowledge
& ability then this obligation to be Void, otherwise to remaine
in force
Signed Sealed & dd in the ) Recordum ) Sampson Waring
p’sence of W™ Durand Sec. | verum ex | Iohn Norwood
W™ owen Iames Langworth | orriginali
Peter Ionson Nee este Ri: Preston
Know all men by these presents that We Iames Veitch
Sheriffe of Putuxent St Maries & Potomock next unto Capt
Waring high Sheriff of the S* precincts Shall well and truely
Execute and perform the office of Sheriff in the precincts afore-
said according to the Lawes and orders of Assembly & Courts
& duely Execute all writts receive and give account of all
publick Levies and dues to officers, both what
/
Memorandum that the above Entry is Crossed out in
the Orriginall Record Booke
Know all men by these presents that We Iames Veitch
Peter Iohnson ffrancis Brookes doe acknowledge our Selves
indebted unto Oliver Lord Protector of England in the full
Quantity of one thousand pounds sterling to be paid in To-
bacco to the Said Lord Protector his Attorney Assignee or
Commission" for the which payment well and truely to be
made and done we bind our Selves and either of us our heirs
Executors and Administrators Severally and lIointly for the
whole firmly by these presents, Given under our hands and
Seales this tenth day of December 1655
The Condition of this obligation is Such that if the above
bounden Iames Veitch Sheriffe of Putuxent St Maries and
Proceedings of the Council of Maryland, 1654-1657. 319
Potomock next unto Capt Sampson Waring high Sheriffe of
Liber B.
the Said Precincts Shall well and truely Execute and performe ¥,°: ®
the office of Sheriffe in the precincts aforesaid according to the
Laws and orders of Assembly & Courts and duely Execute all
Writts Receive and give acct of all publick Levies and dues to
officers both what is past in that which he and Capt John
Smith have had Committed to them, and also for the future
during the time of the Continuance of the Said office to him
then this obligation to be Void, or Else to Remaine in force
and Vertue
Signed Sealed and dd in the lames Veitch
p’sence of William Durand Secret Peter Iohnson
Tames Langworth ffrancis Brookes
Iohn Barriffe Recordum Verum
pages: Ri: Preston
ex orriginali
Abstract of Lord Baltemore’s Patent
20. June 1656.
Know yee therefore, that wee favouring the Pious and Noble
Purpose of the said Baron of Baltemore of our especiall Grace,
certain knowledge and meer motion have given, granted and
confirmed, and by this our present Charter for us, Our Heirs
and Successors do give, grant and confirme unto the said
Cecilius, now Baron of Baltemore, his heires and Assignes all
that part of a Peninsula, lying in the parts of America be-
tween the Ocean on the East and the Bay of Chesapeak on
the west, and divided from the other part therof, by a right
Line drawn from the Promontory or Cape of Land called
Watkins Point (situate in the foresaid Bay near the River of
Wighio) on the west unto the main Ocean on the East; and
between that bound on the south unto that part of Delaware
Bay on the north which lieth under the 40" degree of North-
erly Lat from the equinoctiall, where New England ends; and
all that Tract of Land between the Bounds aforesaid; that is
to say, passing from the foresaid Bay called Delaware Bay, in
a right line by the degree aforesaid unto the true Meridian of
the first fountain of the River of Pattacomeck and from there
tending toward the south unto the farther bank of the foresaid
River, and following the west and south side thereof unto a
certain place called Cinquack situate near the mouth of the
said River where its fall into the Bay of Chesapeak, and from
thence by a streight Line unto the foresaid Promontory and
place called Watkins Point (so that all that Tract of Land
divided by the Line aforesaid drawn between the main Ocean
and Watkins Point unto the Promontory called Cape Charles,
and all its apurtenances do remaine intirely excepted to us,
Our Heires and Successors for ever.
Ne: 3:
p- 241
PL RO:
Colonial
Papers. Vol.
XII, No. 71.
Domestic
Interregnum,
Vol. 105,
P- 393
p. 258
320 Proceedings of the Council of Maryland, 1654-1657.
Order of the Councell of State
Thursday the 31" of July 1656.
Sent the Comee of Trade _ On consideration of a report from the
with the petitioner’s report Committee of the Councell, to whom the
& papers: humble petition of Richard Bennet, and
Samuel Mathews Esq" Agents for Virginia, and the rest of
the plantations in the bay of Chesapiake, was referred; and in
concurrence therewith Ordered that the said petition togeather
with the humble representation of the Governor, Councell and
burgesses of the Grand assembly in Virginia thereunto an-
nexed, as also a report from the Lord Comm! Whitlock, and
the Lord Com" Widrington, made to the Councell, in pursu-
ance of his Highness reference to them, upon the humble peti-
tion of Cecilius Lord Baltemore, and the severall papers there-
unto annexed, be referred to the Committee for Trade, who
are to consider thereof, and to informe themselves of the State
of the Case, upon the premisses, and thereupon to certify the
same, with their opinion, to his Highness, and the Counsell.
The 23° of March 1656
Whereas the Militia of this Province by reason of the Death
and absence of Some of those into whose hands it was Com-
mitted Especially in the County of Putuxent, is not attended
to whereby the Inhabitants is left to the Incursion of the Indians
and others that may Seeke the disturbance of the peace and
Safety of this Province, It is therefore ordered for the further
Settlement thereof, that the Inhabitants may be the more
Secured thereby, Commissions be Granted to Such as may be
Chosen to be Captaines in Severall respective Limitts as need
Shall require, And for the present that mt Woodman Stockley
be Impowered by Commission to be Captaine over and Execise
all the Inhabitants, and to See that they have and keep their
Armes fixt, and in readiness from m*™ Brookes Plantacdn on
both Sides the River of Putuxent and upwards, and Lieutent
Henry Keen, be Impowered by Commission to be Cap! over,
and to Execise, all the Inhabitants from the Plantations of the
aforesaid m® Brookes, downwards on both Side the River and
Creekes to the mouth of the River, Including the plantation of
m* Eltonheads on the one Side downward, and upward as high
as the plantation of Henry Cox And m* Phillip Morgan to be |
Impowered by Commission to be Capt over and to Exercise all
the Inhabitants upon the Bay Side from the Plantation of the
Said Henry Cox upwards to the highest Extent of the County
of Putuxent
Cap‘ William ffuller, M" Michael Brookes
Present J 2% Richard Preston, M William Parker
| m' Edward Lloyd, M* William Parratt
| m* Tho: Meeres,
CECILIUS CALVERT, LORD BALTIMORE,
Proprietary.
JOSIAS FENDALL,
Governor.
1657-1660.
been
Pipe
ten,
.
Re
7 5 Br
C: Baltemore.
Commission to Cap: Ceecilius Absolute Lord & Proprietary of
ipsias Rendall. the Provinces of Maryland & Avalon Lord
Baron of Baltemore &c: To all the inhabitants & people in
Maryland and to all others whom these presents shall any
way concerne Greeting Knowe yee that for divers speciall
causes & consideracons Vs heerevnto moueing Wee haue
reuoked and determined and by these presents do declare that
Wee do heereby revoke & absolutely determine all former
Commissions granted vnto William Stone esq’ or to any other
person or persons concerneing the Government of the said
Province of Maryland and all power and Authority granted
vnto him thereby or to any person Whatsoeuer. Neverthelesse
vpon consideracon that the People there can not subsist &
continue in peace & safety without som good Government be
settled & established as well for the cherishing & supporting
of the good People & well affected as for the punishment of
the vitious & disorderly persons there Wee haue thought fitt
to Nominate Constitute & appoint And wee do heereby
Nominate Constitute & appoint losias Fendall of the Province
of Maryland in America Gent: Our Lieutennant & Cheife
Governor of the said Province of Maryland with the Islands
therevnto belonging And by these presents Doe grant vnto
him the Cheife Command power & Authority vnder Vs ouer
the said Province and Islands therevnto belonging To Have
and To Hould the same dureing Our pleasure in as ample &
large Manner to all intents and purposes as was formerly
Granted by Vs vnto Captaine William Stone Our Late Lieu-
tenant there. And Wee doe heereby Nominate Constitute &
Appoint the said Captaine William Stone M* Thomas Gerard,
Colonell John Price M* Job Chandler and M* Luke Barber &
such other person or persons not exceeding three in Number
as the sayd Iosias Fendall shall Nominate & appoint to be of
Our Councell in the said Province, And to haue the like and
as ample Authority priviledges & advantages as those of Our
Councell formerly had there. And Wee doe further heereby
Authorize the sayd Josias Fendall to appoint such a fitt person
or persons for whom he will be responsible as he shall thinke
fitt to be Our Secretary & Receauor Generall there for the
present till Our pleasure be further Knowne therein and to
cause all rents arreares of rents and all other dues belonging
Liber H. H.
p. 6
Liber H. H.
British
Museum
Add. MSS.
15489.
pp. 16 to 19
\
324 Proceedings of the Council of Maryland, 1657-1660.
to Vs in that Province to be for Our vse demanded Leavyed
and Payd to Our said Receivor so to be Nominated & appointed
by him the said Iosias Fendall as aforesaid, and to be after-
wards disposed of according to such instructions or directions
as Wee haue or shall give to him the said Iosias Fendall for
that purpose. Given vnder Our hand & Greater Seale at
Armes. The tenth day of Iuly in the five and Twenteeth
yeare of Our Dominion Ouer the s¢ Province of Maryland and
in the yeare of Our Lord God one thousand sixe hundred
fifty six.
Instructions directed by the Right Honorable Cecilius
absolute Lord and Proprietary of the Provinces of Maryland,
and Avalon, Lord Baron of Baltemore etc, To his Lordship’s
Lieutenant and the rest of his Lordship’s Council of the said
Province of Maryland for the time being.
Whereas upon his Lordships Complaint to his Highness the
Lord Protector, that he was interrupted in his Rights and Iuris-
dictions in Maryland by Richard Bennett Esq'* and others
whereupon many Mischiefs have ensued there, his Highness
was pleased to refer the same by an Order of the second of
November 1655, to the Examinations of the Lords Commis-
sioners Whitlock and Widdrington who did accordingly examine
the matter of Fact and made their Report to his Highness
bearing date the last of May 1656. which Report together
with the Papers thereunto annexed, and the Representation of
the Governors and Assembly of Virginia were afterwards upon
the Petition of the said Richard Bennett, and Samuel Matthews,
as Agents for Virginia and the rest of the Plantations in the
Bay of Chesapeak, by an order of the 31% of Iuly last referred
to his Highness Committee for Trade etc, to consider thereof
and to inform themselves of the State of the Case upon the
Premisses and to certify the same to his Highness together with
their Opinion And whereas his Highness said Committee for
Trade, in pursuance of the said Order did take the Premisses
into Consideration and accordingly go through the whole
Report of the said Lords Referrees, and upon perusal thereof
and further hearing of both parties did think fit for the preven-
tion of such Disturbances as might hereafter arise in Maryland
to desire the said Richard Bennett and Samuel Matthews, to
make some Proposals for the Settlement and Peace of the said
Province, which they accordingly tended to the said Committee,
and his Lordship at the Request of the said Committee gave
his respective Answers thereunto, with which Answers the said
Richard Bennett and Samuel Matthews have declared them-
selves satisfied which said Proposals and Answers, the said
Committee for Trade did on the 16" Day of September last
Proceedings of the Councel of Maryland, 1657-1660. 325
report unto his Highness together with their Opinion and
Advice concerning the whole state of the Case a Copy of which
said Report attested by the Clerk of the said Committee is
hereunto annexed, wherein his Highness hath been pleased to
promise his Lordship a dispatch with all convenient Expedition.
In the meantime therefore his Lordship wills and requires
his said Lieutenant and Council that in case the said people at
Ann Arundell and such other places in the said Province of
Maryland as have opposed his Lordship’s Government there,
shall quietly and peacefully submit themselves to the same
according to his Lordship’s Patent, as he used and exercised
the same there before the troubles began, vizt. in the year 1650
and according to the advice of the said Committee mentioned
in the said Report that then his Lordships said Lieutenant and
Council do see his Lordship’s Agreement mentioned in the
said Report duly performed there on his part.
His Lordship wills and requires his said Lieutenant and
Council that the Law in the said Province, intituled, An Act
concerning Religion and passed heretofore there with his
Lordship’s Assent whereby all Persons who profess to believe
in Iesus Christ have Liberty of Conscience and free Exercise
of theyr religion there be duly observed in the said Province
by all the inhabitants thereof & that the penalties mencOned in
the said Act be duly putt in Execution vpon any offendors
against the same or any part thereof.
3. That his Lordships said Lieutennant doe cause such pro-
porcons of land to be Survayd and assigned (except Royall
mines to such seuerall persons as followeth vntill his Lo? shall
send a newe Greate Seale thither (which he will shortly do)
whereby the s‘lands may be granted by pattent vnder the
same (vizt)
To Capt: Iosias Fendall his Lordships Present Lieutt
there two thousand acres of Land according to his Lor
direction in his letter to his s¢ Lt Cap: Iosias Fendall
beareing date 23" day of August 1656.
To Mr? Luke Barbar a thousand acres at Portobacco
late in the possession of Coll: Yarly deceased in case itt
appeare the said Coll: Yarly or his wife or his heires
haue no right there vnto as his Lo? is informed they
haue not according also to his lo®* former directions in
his letter to his sd Lt beareing date 27" day of August
1656.
To M' Thomas Truman one thousand Acres according
also to his Lo®s former directions in his said letter to his
sd L' beareing date the aforesaid 23" day of August
1656.
British
Museum
Add. MSS.
15489.
Liber H, H.
P- 3
Liber H. H,
326 Proceedings of the Council of Maryland, 1657-1660.
To M' George Thomson one thousand Acres.
To Mr? John Langford fifteene hundred Acres
To M* Henry Coursey one thousand Acres.
Provided that none of the lands aboue mentioned be assigned
in any place formerly disposed of by his Lo? or his Authority
to any other person nor sett out nor reserved for his Lordships
Owne Vse. And Provided that in the said assignements the
vsuall respective yearely rent of two shillings sterling for euery
hundred acres of all the said lands to be payed to his Lordship
& his heires for the same be reserved & payed respectively or
the valewe thereof in such Comoditys as his Lo? or his Heires
or his or theyr officer or officers appointed from time to time
to collect & receaue the same shall accept in discharge thereof
for all w® this shall be y‘ Warrant.
4 That they doe take speciall care of those Widdowes who
haue lost theyr husbands in & by occasion of the late troubles
there vizt M's Hatton M's Lewis & M's Eltonhead whom his
Lo? would haue his said Lieutennant to cause to be supplyed
out of such rents & other Proffitt as are due to his Lordship &
can be gott for theyr present releife and subsistence in a decent
manner in case they stand in need thereof & that they lett his
Lordship Knowe wherein he can doe them any good there in
recompence of theyr sufferings of w his Lo? is very sencible
& that they assure them on his Lo®’ behalfe that he will continue
his vtmost endeauors (by solliciteing his Highnesse & Councell
for the procureing of Justice to be don them for the lives of
theyr husbands & satisfaction for theyr losses from those who
haue don them so greate Jniuries w® he doubts not but will
be at last obtained.
5. That they cherish & comfort in what they can all such
persons as haue approved themselues faithfull to his Lo? and
don good service in the late troubles there: that his Lo?’ said
Lieut preferre those persons before any others to such places
& imployments of trust & profitt as they may be respectively
capeable of & in particular M* Thomas Truman M: George
Thomson Lieut Thomas Tunnell & M* Barton & that his said
Lieut & Counsell lett ‘his lo? vnderstand from time to time
wherein he can vpon any occasion requite them & others who
haue bin faithfull to his Lo? as aforesaid with any thing there
' for theyr advantage according to theyr respectiue meritts
assureing them that his Lo? will be very ready & willing to
gratify them in any thing that shall be reasonably desired of
him & in his power to doe.
6. That whereas a Windmill att St Marys w® was formerly
belonging to Maior Genr! Edward Gibbons late deceased was
assigned by the said Gibbons his Widdowe to his Lo? in satis-
faction of a debt of one hundred pounds Ster' due to his Lo?
Proceedings of the Councel of Maryland, 1657-1660. 327
/
from the said Maior Gibbons His Lo? requires his said Lieut
and Councell to take speciall care that the said Mill be preserved
Liber H. H.
& improved to the best advantage for his Lordships vse & _
benefitt.
7. That they doe take speciall care that no encroachments
be made by any vpon any part of his Lopps said Province for
the better preuention whereof his Lo? requires his said Lieut
& Councell to cause the Bounds thereof to be kept in memory
& notoriously Knowne especially the bounds betweene Mary-
land & Virginea on that part of the Country knowne there by
the name of the Easterne shore to w™ purpose his Lop would
haue them peruse one of the Maps of Maryland w* his Lo?
formerly sent thither whereby the said bounds are described &
his Lo? hath also for theyr direction therein sent heere with a
Coppy of a Proclamacon published heeretofore by the Then
Govern' & Councell of Virginea for prohibiteing any of Vir-
ginea to trade with the Indians in Maryland without his Lord-
ships Lycence which Proclamacon bore date 4 of October 1638
& therein are described the bounds betweene Maryland and
Virginea the said Coppie haueing bin transcribed out of another
Copie thereof w* his Lordship hath attested by M* Richard
Kempe deceased who was Secretary of Virginea when the said
Proclamacon was made. Given vnder his Lordships seale at
Armes 23" of October 1656.
C: Baltemore
C: Baltemore.
Commission to, _. Cecilius Absolute Lord & Proprietary of the
mpeeawe SL" Provinces of Maryland & Avalon Lord Baron
of Baltemore &c To All the Jnhabitants & People in the
said Province of Maryland & to all others whom these
presents shall any way concerne Greeteing Know Yee that Wee
reposeing speciall trust and Confidence in the Wisedom Dili-
gence and Fidelity of our very loving Brother Philip Calvert
Esq, haue Constituted Appointed & Ordained And by these
presents do Constitute appoint & Ordaine him the said Philip
Calvert to be one of Our Councell of State and Conservator
& Justice of Peace within Our said Province of Maryland vntill
Wee or Our Heires shall signify Our or Theyr pleasure to the
Contrary vnder Our or Theyr hand & seale at armes And Wee
do heereby give and Grant vnto him the said Philip Calvert full
power and authority for that purpose from time to time and at
all times dureing his so beeing of Our said Councell of State
there to meete & assemble himselfe in Counsell vpon all
occasions in Our said Province with Our Lieutenant of Our
said Province for the time beeing & others of Our Councell
0
co
Liber H. H.
P-9
328 Proceedings of the Council of Maryland, 1657-1660.
there and in all things to doe & Act as one of Our Councell of
State of Our said Province in as ample manner and forme as
any other*Councellor of Ours there can may or Ought to doe
(as beeing of Our said Councell of State there). And we doe
heereby further will & Grant that he the said Philip Calvert
shall haue receaue & enioy all such powers Priviledges Pre-
heminences Iurisdicons Jmmunitys and Advantages Whatsoeuer
which are belonging & Jncident to one of Our Councell of
State & Conservator & Justice of Peace there (in as full &
Ample manner as any other of Our Councell there) may can
or ought to haue & enioy as a Councellor Conservator & Jus-
tice of Peace in Our said Province Heereby willing & requireing
Our said Lieu' & the rest of Our Councell of the said Province
of Maryland to admitt & receaue him the said Phillip Calvert
as one of Our Councell of State Conservator & Justice of Peace
of and in Our said Province as aforesaid. Provided allways
that he take in open Court in Our said Province the Oath of a
Councellor of State appointed by Vs to be taken by those of
our Councell there before he sitt or Act as one of Our Councell
of State and Conservator or Iustice of Peace in Our said Pro-
vince to be administred vnto him by Our said Lieutenant or
any two of Our Councell there who are heereby respectiuely
impowred & required to Administer the same accordingly
And wee do also heereby Constitute appoint & Ordaine him
the said Philip Calvert to be Our Principall Secretary of Our
said Province of Maryland And to haue all such Priviledges &
benefitts as belongeth to Our principall Secretary there And
Wee do by these presents appoint Constitute & Ordaine the
said Philip Calvert to be Our Principall Officer & Keeper of
the Acts & proceedings of Vs & Our Lieutenant & Councell
there for the time beeing And of & for the entring and Record-
ing of All Grants by vs Or Our Heires to be made of any lands
Or Offices within Our said Province of Maryland And for the
Probates Entring & Recording of Wills & Inventorys & Grant-
ing of Letters of Administracon And for the entring & Record-
ing of all other matters Acts & things which by any Instructions
Lawes or Ordinances made or given or to be made or Given
for or Concerneing Our said Province of Maryland shall or
Ought by the Appointment of Vs or Our heires or by the
Appointment of Our Lieutenant or other Cheife Governor
there for the time beeing or Otherwise to be entred & recorded
To Have and To Hould execute & enioy the said Office &
Offices togather with the Priviledges & benefitts aforesaid vnto
him the said Philip Calvert vntill Wee or Our Heires shall
signify Our or Theyr Pleasure to the Contrary and no longer
Provided allways that he take in open Court in our said Pro-
vince the Oath of the Secretary there before he act as Secretary
Proceedings of the Council of Maryland, 1657-1660. 329
in Our said Province to be likewise Administred vnto him by Liber H. H.
Our said Lieutenant or any two of Our Councell there who are
heereby respectively impowred & required to administer the
same accordingly. Given vnder our hand & seale at armes
the seaventh day of November in the five & Twenteeth yeare
of Our Dominion over the said Province of Maryland And in
the yeare of Our Lord God 1656.
Instructions Directed by the Right Hono”* Cecilius p.s
absolute Lord and Proprietary of the provinces of
Maryland & Avalon Lord Baron of Baltemore &c:
To his Lordships Lieutenant & the rest of his Lov
Councell of the said Province of Maryland for the
time beeing.
So ge His Lordship wills & requires his said Lieut
120 Novembuis 1°5 & Councell that they cause euery Sherriffe &
Coroner of euery County in Maryland to giue good security
for the iust & due performance of theyr Office respectively
before they be admitted to Act as Sherriffes or Coroners there
notwithstanding any Commission warrant or Jnstruction already
obtained or w™ heereafter may be obtained from his Lo? for the
makeing of any such person Sherriffe or Coroner of any County
there as aforesaid.
2. That his Lordships said Lieut do cause such proporcons
of land to be survayd & assigned (except Royall mines) to
such seuerall persons as followeth vntill his Lop shall send a_
new greate seale thither (w® he will shortly doe) whereby the
said lands may be granted vnder the same (viz)
To his Lordships Brother Philip Calvert Esq his
secretary of the said Province of Maryland six thousand
Acres to be erected into One or more Mannors & to be
called by such name Or Names as his Lordships said
brother shall thinke fitt.
To William Thomson one hundred Acres.
To Simpson two hundred Acres.
To euery servant that hath & shall serue out his time
with any planter or Adventurer there & hath & shall
approue himselfe faithfull to his Lordship fifty Acres.
Provided allways that none of the lands before mentioned be
assigned in any place formerly disposed of by his Lo? or his
Authority to any person or persons nor sett out or reserved
for his Lordships owne vse; And provided that in the said
assignem® the vsuall respectiue yearely rent of one shilling
Sterling for euery fifty acres of all the said Lands & so pro- p.6
portionably for any greater quantity of land to be payd to his
Lordship & his Heires for the same be reserved & payd
330 Proceedings of the Council of Maryland, 1657-1660.
Liber H. H. respectively or the valeue thereof in such Comodities as His
Lo? or his heires or his or theyr Officer or Officers appointed
from time to time to Collect & receaue the same shall accept
in discharge thereof. And provided also that there be not
aboue fifty pole of land layd out vpon any water side of euery
fifty acres to be assigned as aforesaid & so proportionably for
any greater quantity of land & the residue to be layd out
within the land next adioyneing: w* proporcon also his Lov
wills & requires his said Lieut & Councell to cause to be
observed in in surveying & setting forth all other lands claimed
by any person or persons by vertue of any of his Los Con-
dicons of plantacdn or any other Warrant or Order heeretofore
or w™ heereafter may be obtained from his Lop notwithstanding
particular mention be not made thereof in any such Warrant
or Order, for all w® this shall be his said Lieutennants
Warrant. | ;
3. His Lordship doth heereby Authorise & require his Lors
brother Philip Calvert Esq' his principal Secretary of the said
Province of Maryland to administer in open Court there the
Oath of his Lor Lieutennant of the said Province to Cap:
losias Fendall his Lordships present Lieutenant there.
Given vnder his Lo»: hand & lesser seale at
Armes the 12 of November 1656.
C: Baltemore
P. R.O. Order of the Councell of State
Domestic
Interregnum,
Vol. 105, Wensday 17" December 1656.
p- 581
Upon reading a certificate from the Committee of Trade in
pursuiance of the Councell’s order of 31: July last, whereby it
was referred unto them, to consider of the petitions of Richard
Bennet and Samuell Mathews, Agents for Virginia, and the
rest plantations in the Bay of Chesapiake, with the Represen-
tation of the Governor, Councell and burgesses of the Grand
assembly in Virginia, and a report from the Lord Com' Whit-
lock and the Lord Com' Widderington, upon the petition of
Cecilius Lord Baltimore made to the Councell in pursuiance of
a reference from his Highness, Ordered that the sayd certifi-
cate, and that whole matter, be referred to the Committee of
the Councell for foreigne plantations, who are to speake therein
with the parties, and to report to the Councell, what they shall
conceive fitt to be done upon the whole business ; as also, to
consider of what was now proposed, by the Lord Deputy and
the Lord Deputy is added to the Committee.
Proceedings of the Council of Maryland, 1657-1660. 331
Petition of Cecil Lord Baltimore, and the Adventurers
of Maryland to the Lord Protector
22. January 1656.
ref. Cecill Lord Baltimore and Adventurers of Maryland
Complaine of Captain Richard Bennet and Captain Clay-
borne for injuries done in Maryland and killing and imprisoning
divers of their men shooting 4 to death in cold bloud, plunder-
ing the planters &c. Pray restitution to their righte, and his
officers to ther places, and those complained of secured and
brought to answer.
22, Jan. under a particular reference from his H.
Petition of Richard Bennet and Col: Samuel Mathews
to the Lord Protector
22. January 1656.
Richard Bennet and Colonel Samuel Mathews
not ref.
Business of Virginia referred to the Committee for planta-
tions. Nothing done. A reference obtained by Lord Baltimore
to Lords Commissioners Whitelock and Widdrington. Pray
delivery of the papers that they may make their defence.
22. Jan. papers to be delivered.
Anno 1657.
Att a Councell held at Die Vis
St Marys 8° luniy oo ae
Mr’ Secretary
The Governor declared his resolution to depart this Province
& therefore, (to the intent Justice might heere be duly admin-
istred in his absence) did Nominate Luke Barber Esq his
deputy Lieutenant & signed his Commission in the Words
Following.
Commissioner tiie losias Fendall Lieutenant & Cheife Govern’
Denity Lice Mi ee oiene Province of Maryland To all the Jnhab-
itants and People of the said Province & all
others whom these presents shall or may concerne Greeteing.
Whereas the Lord Proprietary by Comission beareing date
the tenth of Iuly in the five & twentith yeare of his dominion
hath Given Granted & Confirmed vnto mee the Cheife Govern-
ment of this his said Province of Maryland in as large & ample
manner to all intents & purposes as it was held & enioyed by
Captaine William Stone. And Whereas his said Lordshippe
by Comission beareing date the sixt day of August in the
seauenteenth yeare of his Dominion did grant vnto the said
Pike O:
Domestic
Interregnum,
Vol. 150,
No. 433-
No. 487.
Liber H. H.
p- 9
332 Proceedings of the Council of Maryland, 16 57-1660.
Liber H. H. Captaine William Stone (in case of Death or absence out of
the Province) Power to Nominate Elect & appoint any other
person of the Councell in his Place Knowe Yee therefore that
I for divers good Causes me there vnto moveing & being con-
fident of the Jndustry Integrity & fidelity of M? Luke Barber
to his said Lordship Haue Nominated constituted and ap-
p.10 pointed and Doe by these presents Nominate Constitute &
appoint the said Luke Barber my deputy Lieutenant of this
Province (Reserveing vnto myselfe all benefitts allowed me by
his said Lordship) To Have and To Hould the said Office
vntill such time as J returne againe into this Province or that
the Lord Proprietary or his Heires signify theyr pleasure to
the Contrary Provided allways that the said Luke Barber
grant no Warrants to any person or persons for the Survey of
any lands but vpon Certificate from the Secretary of State of
this Province, of Rights duly entred in his Office for the same,
Strictly Chargeing & requireing all persons to yeald all due
obedience to him the said Luke Barber as my Deputy as they
will answer the Contrary att theyr Perrill. Given Vnder my
hand and seale at St Marys this 18" day of June Anno Dni
1657.
Iosias Fendall.
P2R;.0;
Dome .1657. August?
Interregnum, . re
Vol. 151, Proposalls for transporting Irish to Maryland.
No. 33. respited.
Liber H. H. ¥ On Friday the 26" of February returned into
p-10 Februarij 260
this Province Iosias Fendall Lieutenant of the
same & recalled his Former deputation to Luke Barber.
[Agreement between the Proprietary and Commissioners. ]
At a Councell held at | Pree ' ace ae
t ° os ©
S‘ Marys 27° Februarij Cap: W" Stone
The Lieutefiat published the Articles of agreement betweene
the Lord Proprietary of this Province & Richard Bennett Esq
w*" are as Followeth. Viz
Whereas there hase bin of late viz in the yeare 1652 &
since som Controversies betweene the Right Hon’ Czecilius
Lord Baltemore Lord & Proprietary of the Province of Mary-
land & Richard Bennett Esq & other People in Maryland
nowe or late in opposicodn to his Lops Government of thé said
Province vpon w* haue vnhappily followed much bloudshed &
greate distempers there endangering the Vtter ruine of that
Proceedings of the Council of Maryland, 1657-1660. 333
Plantacon if not timely prevented And whereas vpon com- Liber H. H.
plaint made thereof by the said Lord Baltemore the matter
was by his Highnesse the Lord Protector refferred first to the
Lords Com’ Whitlocke & Widdrington Who’s report thereof
was afterward referred by the Councell to the Com'® for
Trade who made theyr report also there vpon to his High-
nesse & Councell but they by reason of theyr greate affaires
haueing not as yett leasure to consider of the said report the
same remaines yett vndetermined & in the meane time the
inhabitants of the said Province remaine in a very sad dis-
tracted & vnsetled condicon by reason of the said differences
toucheing the sd Governm‘' there Therefore the said Lord Balte-
more vpon a treaty with the sd Richard Bennett & Coll:
Samuell Mathews occasioned by the freindly endeavours of
Edward Diggs Esq’ about the composure of the s‘ differences
& in pursueance of the said report of the said Committe For
Trade dated 16 of September 1656 hath for the good of the
inhabitants of the said Province condescended & is willing to
do as followeth. viz Jn case the said People in opposicon to his
Los Government there as aforesaid shall forthwith vpon
Notice heereof from his Lo’s Govern’ or Secretary there for the
time beeing cease & forbeare for the future from Executeing
any act or power pertaineing to Government & administracon
of Justice within the said Province And shall deliver vp to his
Lor’ said Govern" or Secretary aforesaid all records of the said
Province now in theyr power. And also his Lo?’ former Greate
Seale of the said Province if it be to be found or procured by
them And shall for the future giue all due obedience & sub-
mission to his Lo’* Government there according to his Patent
of the said Province that then his Lordship doth Promise
1. Imprimis that no offences or differences which haue arisen
in Maryland vpon & since the said Controversies there shall be
questioned by his Los Jurisdicon there in the said Province
but shall be left to be determined by such ways & meanes as
His Highnesse & the Councell shall direct.
2. Item that the said People in opposicon as aforesaid shall
haue Patents from his Lo? for such land in the said Province
as they can claime due vnto them by his said Lo** condicons
of plantacon & in the same manner & with all the same rights
as they might haue had if the said Controversies & differences
had not hapned any former Order Jnstrucdn Proclamacons or
any other thing proceeding from the said Lord Baltemore or
any deriueing any Authority from him to the contrary heereof
in any vise notwithstanding Provided that they & euery of
them respectively who shall desire the same doe sue out theyr
said Pattents for the said lands within Nine months after notice
heereof given them by his Lops said Govern" or Secretary
- It
Liber H. H.
334 Proceedings of the Council of Maryland, 1657-1660.
there for the time beeing & that before they haue theyr Pattents
theye take the Oath of fidelity there to his said Lordship with
such alteracon in itt as is mencdned in the said Report of the
Comittee for Trade And shall pay or satisfy his said Lordships
Receivor Generall there for his said Lo” vse all arreares of
rent due to his said Lop from the time they first entred vpon
the said Lands respectiuely And due Fees to his said Lops
Secretary Survey* and other officers there as other inhabitants
ought to doe & according to his said Los Condicodns of Plan-
tacon for the s* Province.
3. Item that such of the said People in opposicdn as afore-
said who shall desire to remove themselues or estate from
Maryland shall haue free leaue & a yeares time so to doe.
4. Lastly the Lord Baltemore doth promise that he will
neuer giue his assent to the repeale of a lawe established
heeretofore in Maryland by his Lordships Consent & mentioned
in the said Report of the Com'* for Trade whereby all persons
professing to beleeue in Jesus Christ haue freedon of Conscience
there and doth Faithfully promise vpon his Honor to obserue
and performe as much as in him Lyes the Particulars aboue
mentioned. And his Lordship doth heereby Authorize &
require his Lordships Govern" & all other his Lordships officers
there to giue assurance to the people of theyr due performance
heereof. Jn witnesse whereof the said Lord Baltemore hath
heerevnto sett his hand & seale the 30 day of November
1657.
Signed and sealed in the Pre C: Baltemore
sence of
Edward Diggs Samuell Mathews
John Harris
Richard Chandler This is the Paper which was mentioned
A. Stanford in my letter to Cap: W™ Fuller & being
William Barrett of the same date with this.
Ri: Bennett.
Vpon readeing of which the Lieutenant imediatly dispatched
letters to Cap: William Fuller & M* Richard Preston &c
desireing them to give him M' Secretary & Captaine Thomas
Cornwaleys a meeteing at St Leonards Creeke in Patuxent
River vpon 18" of March followeing in order to the Perform-
ance of Articles vt supra. w" they sent with the aforesaid
letters.
At a Councell held at S P J The Lieutenant
Leonards 18° Martij De EE Secretary
Cap: Thomas Cornwaleys
~ assistant
Wind & weather not permitting Cap: Fuller & the rest to
Proceedings of the Council of Maryland, 1657-1660. 335
com at the appointed time it was resolved that the Councell Liber H. H.
stay till satterday the 20" of March
Martij 2omo . , ©2P: William Fuller M* Richard Preston M* Edward
Lloyd Mt Thomas Mears, M' Philip Thomas & Mr"
Samuell Withers came to S' Leonards in order to the perform-
ance of Articles & Surrender of the Government, butt the day
being farre spent & Sunday not fitt to treate of businesse all
further treaty was putt of till monday the 22"
The Lieutenant read the Articles of Agreement
betweene the Right hon”* the Lord Baltemore &
Richard Bennett Esq vt supra & demanded the Records, Greate
seale, & the whole Government to be resigned vp into his
hands, & in the Name of the Lord Proprietary promised a ratifi-
cation (of those Articles then present) vnder the Greate Seale
of the Province.
Wherevpon were Read his Lopps Jnstructions as followeth
viz
Martij 22do
Instructions directed by the Right Hono Czecilius
Absolute Lord & Proprietary of the Provinces of Mary-
land and Avalon Lord Baron of Baltemore &c: To his
Lordships Lieut and the rest of his Lordships Councell
of the said Province of Maryland for the time beeing.
C: Baltemore P13
Faseruchs ooth Imprimis his Lordship doth heereby Authorize
Novembr 1657 will & require his Lieutenant of the said Province
of Maryland for the time beeing to discharge any one of his
Lors Councell of the said Province, from beeing of his Lord-
ships Councell there who shall desire the same, And his Lo
doth also heereby Authorize him that he may with the advice
& approbacon of any three of his Los Councell there for the
time being whereof his Lo’ Brother Philip Calvert Esq to be
one discharge any person or persons nowe of his Councell in
that Province from being of his Lopps Councell there who shall
refuse to Act as one of his Lops Councell there or to giue
attendance at his Los Courts in that Province when they shall
be respectively therevnto required by his Lops Lieutennant
there for the time being without a Just & lawfull excuse for
the same to be allowed and approved of by his Lo said Lieu-
tenant & his Lo’ said Brother Philip Calvert Esq" any iformer
commission warrant or Jnstruction to the contrary heereof in
any wise notwithstanding.
2. Whereas his Lordship hath heerewith sent ouer a New
Greate seale of the said Province by Captaine Iosias Fendall
his Lo" Lieut of the said Province & hath Comitted the Custody
thereof to him the said Captaine Josias Fendall according to
his Los Comission to him for that purpose His Lop doth heere-
Liber H. H.
p. I
a
336 Proceedings of the Council of Maryland, 1657-1660.
by declare that his Lieutenant & Keeper of the said Greate
seale for the time beeing shall haue power & Authority to passe
Grants or Pattents in his Los name vnder the same & in such
forme as his Lo? hath heeretofore appointed to any person or
persons whatsoeuer as he shall thinke fitt of such lands in the
said Province as are or shall be due to them respectively from
his Lop by vertue of any of his Condicons of Plantacdn or any
Commission Warrant Instruction or direction heeretofore Given
or made by his Lo? or heereafter to be obtained from him
vnder his hand & seale at Armes for the same & to euery
servant which hath or shall serve out his time with any adven-
turer or Planter fifty acres vnder the vsuall rent of one shilling
sterling for euery fifty acres to be payd yearely to his Lo” &
his Heires which Grants or Pattents so to be passed after they
shall be respectively attested by the subscriptions of his Lord-
ships Lieutenant of the said Province and his Lo*s Secretary
or in case of his the said Secretarys Death or absence out of
the said Province of any two or more of his Los Councell there
for the time beeing on the Respective Grants or Pattents and
after the Commission Warrant Jnstruction or direction vnder
his Lor’ hand & seale at Armes for the passing thereof Respec-
tively shall be duly recorded there his Lo” doth heereby & Not
Otherwise ratify & Confirme as his Acts & deeds w™ shall bind
his Lo? & his heires accordingly on that behalfe although such
person or Persons who shall haue any such grant or pattent
passed vnto them as aforesaid of any lands due vnto them by .
vertue of any of his Lo’s Condicons of Plantacon did not make
theyr Claime nor passe theyr Pattents thereof in due time or
haue since forfeited theyr right vnto the same any former
Comission, Warrant, Order, Jnstructions or any other thing to
the Contrary heereof in any wise notwithstanding. Provided
allways that all & euery such person or persons respectively
who shall haue any such Grant or Pattent passed vnto them do
take the Oath of fidelity to his Lop & his Heires menconed in
his last Condicons of Plantacdn for that Province with such
alteracon in the said Oath as was agreed vnto by his Lordship
& directed in the report of the Com** for Trade dated the 16
of September 1656 concerneing that Province a Coppy of which
Report attested by the Clarke of that Com his Lo° sent into
that Province togather with his Jnstrucons to his Lieut &
Councell there dated 23" of October 1656 wherein the said
Report is menconed And Provided also that such person or
persons who haue Acted or Abetted any thing against his Lors
lawfull right & Jurisdicon there do make & subscribe in the
presence of his Lops Lieut & Principall Secretary of the said
Province for the time being or one of them a submission of the
forme heerevnto Annexed to remaine vpon record there or
Proceedings of the Council of Maryland, 1657-1660. 337
such other submission as his Los said Lieu‘ and Secretary or Liber H. H.
either of them in the absence of the other out of the said Pro-
vince shall thinke fitt before any such Grant or Pattent of any
land in the Province be passed vnder his Lops Greate Seale
there vnto them respectively as aforesaid. And Provided also
that before any such person or Persons shall haue any such
grant or pattent passed vnto them as aforesaid they do pay or
satisfy his Lo»s Receauor Generall there for his Lordships vse
all such arreares of rent not before satisfyed or lawfully dis-
charged as are or shall be due vnto his Lo? for the Land w®
shall be granted by any such Pattent from the time tht by his
Los Condicons of Plantacon or other Warrant for the passeing
thereof, the said Pattent ought to haue bin passed, vntill the
time of the passeing the said Pattents respectively.
3. That whereas his Lo® did heeretofore send a Warrant for
the Granting ten thousand acres of Land in the said Province
to Edward Eltonhead Esq vpon certaine termes & Condicons
of a certaine Number of persons to be transported by the said
Edward Eltonhead within a certaine time w™ time was Likewise
by two declaracons afterwards of his Lordships enlarged as by
the Warrants and declaracons relacon being therevnto had may
more at large appeare. And whereas neither his Lo? nor the
said Edward Eltonhead haue had as yett any Certaine Jn-
formacon of the passing a Grant in Maryland vnder his Los
former Greate Seale of that Province of the said Land to the
said Edward Eltonhead according to the said Warrant and
declaracon & that itt is doubtfull whether the said Originall
Warrant & declaracons be not lost & imbezild in the late
troubles there therefore his Lo? thought fitt to send heerewith
as he nowe doth trew Copies vnder his Lo’s hand & lesser
seale at Armes of the said Warrant & declaracons And doth
heereby Authorize Will & require his Lieut & Keeper of his
Greate Seale of the said Province for the time beeing that in
Case he find that there was not formerly a Grant or Pattent
Passed of the said Proporcon of land vnder the said former
Greate Seale to the said Edward Eltonhead or that the said
Grant or Pattent & Record thereof be lost & can not be found
That then the said Lieut & Keeper of the said Greate Seale do p. 15
cause a Grant to be passed vnder his Los Newe Greate Seale
of the said Province to the said Edward Eltonhead & his Heires
of the said Proporcon of Land according to the true intent &
meaneing of the said Warrant & declaracons as aforesaid and
in case he find a Record of a Pattent or Grant passed heereto-
fore vnder his Lo’s said former Great Seale there to the said
Edward Eltonhead according to the true intent & meaneing of
the said Warrant & Declaracons but that the Originall Pattent
or Grant is lost & cannot be found to be sent to the said
Liber H. H.
p. 16
338 Proceedings of the Council of Maryland, 1657-1660.
Edward Eltonhead, then his Lo? Authorizes & requires his s‘
Lieut & Keeper of his Greate Seale to cause an Exemplification
to be forthwith made & passed vnder his said Lordships Newe
Greate Seale of the said Grant or Pattent vpon Record there
& to send the said Exemplification by the first opportunity to
his Lo? for the said Edward Eltonhead.
4. That his Lordship doth heereby Authorize his said Lieut
of the said Province with the advice & approbacon of his Lo»
said Brother to readmitt if he thinke fitt M* Robert Clarke to
be One of his Lops Councell of the said Province to all intents
& purposes whatsoeuer in as full & ample manner as formerly
he was by his Lo*s Comission for that purpose to him and also
to add any other Person or persons inhabiteing the said Pro-
vince not exceeding the number of six to be of his Lops Coun-
cell there to all intents & Purposes ouer & aboue such as are
allready or that shall heereafter be nominated & appointed by
his Lo? to be of his Lo?’ Councell there Provided that such
person or persons so to be added to his Lo’s Councell there as
aforesaid do take the Oath of a Councellor there to his Lo»
before he or they do Act as one of his Lordships Councell
there respectively.
5. That his Lordship doth heereby Authorize his Lieut of
the said Province for the time beeing with the Approbacon
of any three of his of his Lordships Councell there whereof his ©
Lo» Principall Secretary for the time beeing to be allways one
to make any Forreigner as he shall thinke fitt capeable of his
Lors Condicons of Plantacon there & to cause Grants or Pat-
tents of land there to be passed vnto any such person or Per-
sons accordingly as if he she or they were of Brittish or Jrish
descent any former Commission Warrant or direction from his
Lop to the Contrary in any wise Notwithstanding.
6. Whereas his Lo? hath in these Jnstructions & otherwise
Authorized & appointed his Lieut of the said Province for the
time beeing & in particular the aforesaid Captaine Iosias
Fendall his Lordships present Lieut there to Act & do seuerall
things with the advice & approbacon of his Lo» Brother Philip
Calvert Esq" Nowe Jn case the said Philip Calvert should dye
or by absence out of the said Province or otherwise should be
disapointed of Acting there accordingly His Lo? doth heereby
Authorize & appoint in euery such case the said Captaine
Josias Fendall & euery other his Lo» Lieut of the of the said
Province for the time beeing to Act & Doe the same things
with the advice & approbation of Captaine Thomas Corn-
waleys Esq’ in Liew & steed of the said Philip Calvert Esq'
which his Lordship hath by these Jnstructions or any other
writeing vnder hand & seale Authorized & appointed or shall
heereafter by any writing vnder his hand & seale authorize &
Proceedings of the Council of Maryland, 1657-1660. 339
appoint to be Acted or don with the advice & approbacon of Liber H. H.
the said Philip Calvert Esq & that in case where any Grant or
Pattent of Land is to be passed to his Lordships Lieut &
Keeper of his Greate seale there for the time beeing by Vertue
of his Lors Condicons of Plantacdn or any other Comission
Warrant or Jnstruction vnder his Lops hand & seale for that
Purpose his Lo? doth heereby declare authorize & require his
said Brother Philip Calvert Esq (and in case of his death or
absence out of the said Province The said Captaine Thomas
Cornwaleys) & two such others of his Lordships Councell
there for the time being as he & our said Lieut shall appoint
to Attest euery such Grant or Pattent to his Lo? Lieutenant of
the said Province & Keeper of his Greate Seale there for the
time being as aforesaid by the subscriptions of theyr respec-
tive names on euery such respective Grant or Pattent before it
shall be in force or bind his Lo? or his heires as his act &
Deed any thing in these instructions or in any other thing to
the Contrary heereof in any wise Notwithstanding. Given
vnder his Los hand & Greater Seale att Armes the 20" day of
November in the 26" yeare of his Lordships Dominion ouer
the said Province of Maryland & in the yeare of Our Lord
God 1657.
The forme of the submission abouemenconed.
I: A: B: doe promise & engage to submitt to the Authority
of the Right Hon:'* Cezecilius Lord Baltemore within this Pro-
vince of Maryland according to his pattent of the said Pro-
vince & to his Present Lieutennant & other Officers there by
his Lordship appointed to whom I will be aydeing & assissting
& will not obey or assist any heere in opposicon to them.
After the readeing of these Instructions Captaine William
Fuller and the rest of the Commissioners Propounded diverse
other Articles tending as they conceaued to the quiett &
welfare of the Province, w*" admitted of som debate viz
1. Jmp's as to som words in the first Article viz that all min-
isters of Justice officers military &c. be indempnified on both
sides.
Which words seemeing to admitt of a necessity of pardon,
& consequently an implication of guilt in his Lordships
Officers were at first scrupled but vpon Consideracon, that
som of his Los officers needed an indempnity, for breach of
trust passed.
2. Next the Graunting of the Leavyes, & Fees in the second
Article Which at last, considering the Maior Part of the
people had mett though not by lawefull warrant in those
Liber H. H.
Pp. 17
340 Proceedings of the Council of Maryland, 1657-1660.
Assemblys, & that the lord Proprietary is not bound to any one
way of Calleing assemblys, or assenting to what by them is
don, & likewise considering that many alr the
Govern: should pay acknowledging w" was
declared by that the Article should in terminis. |
3 Thirdly the layeing aside the oath of Fidelity we
being imposed by Act of Assembly, grounded of Plan-
tacon, & of common right due to any lord of not be
vtterly waued; but only as to such persons resideing
within the Province, and to stand in f to all persons else.
To w® effect an article was drawne the further debate,
& engrossement of the Articles was till the next morne-
ing.
aoe ao he Councell & Com" mett & after som debate
) *3" ordered Articles to be engrossed against next
morneing.
The Governt & Councell mett, & the Articles
were read faire engrossed in parchment, to the
Com* which being to the and Peace of all partys; Were
by the Gouernor & secre signed, & afterwards in the
face of the People sealed —__as followeth.
Martij 240
When these Articles were signed sealed, & delivered to the
[The Arti- Com’ they with Many others subcribed the engagement, &
cles are print-
ed in the Pro-
ceedings and
Acts of the
Assembl
delivered the record to Philip Calvert Secretary of State.
Then was the Govern Commission publikely read, & Pro-
claimed & writts Jssued immediatly for an Assembly to be
1637/8-1664, held at St Leonards 27° Aprilis followeing.
p- 369. J
p- 19
Anno 1658.
At a Councell held at Wicocomoco 13° Aprilis
Iosias Fendall Esq Lt ) M*' Tho: Gerard
Preset Philip Calvert Esq Secr: tae Job Chandler
Cap: W™ Stone ) Cap: John Price
Vpon Readeing his lordships of the 20'* November last the
Lieutenant with the approbacon of Philip Calvert Esq Secretary
according to his Lo’s 4 instruction did readmitt m* Robert
Clarke to the place of a Councellor, & vpon his takeing the
oath presently sate
As before
Present &
M* Robert Clarke Survay" Generall
Ordered
That it be propounded to the Assembly to appoint som fitt
persons to treate with the Government of Virginea concerneing
the future stinting of Tobacco.
Proceedings of the Council of Maryland, 1657-1660. 341
That for the benefitt of trade the Proposicons of the London
Merchants concerneing Stores be propounded to the Assembly.
That itt be propounded to the Assembly to make a lawe
that the party cast in appeale shall pay trebble dammages, for
the prevention of vexatious sutes.
That it be propounded also that the Counsellors in regard
of theyr constant attendance & dayly expence be freed from
Tax for themselves & ten pol as the Counsellors of Vir-
ginea are.
That a Commission be drawne vp for the keepeing of a
Court, on the North side of Wicocomaco River, & that that
part of the Province be erected into a County.
That a Proclamacon forthwith be sett out enioyneing the
takeing the oath of Fidelity by all persons who haue since the
24" of March last com into this Province, or shall hereafter
com to inhabite heere, as followeth.
Proclamacon.
By the Lieutenant Generall
Procl: toucheing It being the vndoubted right of the Lord
the Oath of Fidel: : ; ;
Proprietary of this Province of Maryland to
dispose of all lands within this his Province when to whom and
vpon what condicons he pleaseth, his Lo? haueing in his good-
nesse pleased to propound to all people in Generall, & in
‘ particular to a people then destitute of place to inhabite certaine
Condicons of Plantacon beareing date at London 2° of July
1649 w* Condicons as to the Number of acres to be Granted
to euery person his Lo? for the good of the Colony in Generall
thought fitt afterwards to reduce to a lesse number then
formerly by his declaracon beareing date 26 August 1651 &
published to the Generall Assembly of this Province w% Con-
dicons of Plantacon with such alteracon as aforesaid doe still
remaine in force & no other The punctuall performance of
them being the roote of euery mans right I haue thought fitt
for the avoideing of future disputes (notwithstanding all past p.
condescendings to any persons then inhabiteing this Province
whatsoeuer) to require all persons who haue since the 24" of
March last past to this day or shall heere after com into this
Province heere to inhabite to take notice of those his Lo”: con-
dicons & declaracon aforesaid, as the only title by which they
can Clayme any lands heere & punctually to performe them as
they expect to haue Grants of any the land so by them claymed
within this his Lordships Province of Maryland And in Par-
ticular that heereafter there shall be noland Graunted to or for
or in respect of any person or persons whatsoeuer who shall not
within one month next after his or theyr arrivall into this
Liber H. H.
Liber H. H.
_
342 Proceedings of the Council of Maryland, 1657-1660.
Province make demand of the land so due to them & take the
oath of Fidelity to the Lord Proprietary with such alteracon in
itt as is mentioned in the report made by the Committee for
Trade to his Highnes the Lord Protector beareing date 16 of
September 1656 and legally pursue the sueing out of theyr
Grants or Pattents within the time in the said Condicons Pre-
scribed as aforesaid. Given at St Marys 13" of Aprill in 26%
yeare of his Lordships Dominion ouer this Province of Mary-
land Annog Domini 1658.
losias Fendall.
At a Councell held at St Leonards 6° Maij
The Lieutenant Mr’ Thomas Gerrard
Present The Secretary Cap: John Price
Cap: William Stone } Mt Robert Clarke
The Governor and Counsell tooke into Consideracon the
small number of his Lordships present counsell of state, &
weighing the abilitys, & affectionate service don by M* Baker
Brookes & M' Nathaniell Vtie in this last assemblye Called them
to the board; & and according to his Lop‘ instructions of 20%
of November 1657 the Govern" with the approbacon of Philip
Calvert Esq* nominated and appointed them to be of his lo"
Councell of state for this Province, who after disableing them-
selues, tooke the Oath and sate as Councellors.
Ordered
That the Commissions for the County Courts of Annarundell
and Kent Countys be immediatly dispatched to the respetiue
County’s viz that for the Jsle of Kent by M' Philip Connor and
that For Annarundell by Mt Edward Lloyd. w was don
accordingly.
Ordered
Viger for Trade That a licence to trade with the Indians be issued
to M* Nathaniell Vtie accordin to & vpon such
Condicons as in the Act in that case made is Provided.
Wem Pro Bate- ‘That a licence to trade with the Indians be Jssued
man. °
to M* Iohn Bateman according to & vpon such
Condicons as in the Act in that case made is provided.
Czecilius absolute Lord & Proprietary of the Pro-
vinces of Maryland and Avalon Lord Baron of Balte-
more &c T’o &c wee reposeing speciall trust and confidence in the
said Nathaniell Vtie & willing to comply with his request & desire
heerein Doe heereby giue & graunt to him the said Nathaniell
Vtie liberty lycence and Commission to trade with any the in-
habitants of this Province for any Beaver furres or skins or any
Vtie: Lycence
ld tm Sak
Proceedings of the Council of Maryland, 1657-1660. 343
other comoditys whatsoeuer, & to that end it shall be heereby Liber H. 11.
lawfull for him the said Nathaniell Vtie to passe vpon or through
any River or Creeke or other passage through any part of this
Province to trade for such Comoditys with any Indian or Indians
without this Province & to export the same from time to time
as he the said Nathaniell Vtie shall thinke fitt & convenient.
Provided that in case he the said Nathaniell Vtie shall buye or
trade for any Corne from any such Indian or Indians as afore-
said he do not export the same out of this Province without
Lycence first had & obtayned from our Lieutenant or other
cheife Governor of this Province Provided also the said Nathaniell
Vtie pay to the Lord Proprietary or his heyres the tenth in
weight or value of all such Beaver so traded for either by him-
selfe or any other person intrusted by him and fullfill all such
condicons as are expressed in that Act concerneing trade with
the Indians And wee do heereby Authorize & impower the said
Nathaniell Vtie to take seise or surprize the person or persons
Boats vessells or Trucke of any tradeing on the Easterne shoare
aboue the River of Seaverne before they haue given Notice to
him the said Nathaniell Vtye of leaue first had and obtained of
Vs or Our heires or of our or theyr Lieutenant or cheife
Governnor for the time being And we do heereby will and
require the aforesaid Nathaniell Vtie in his Custody safely to
_ keepe the persons Boates Vessells or trucke of any person so
taken tradeing without haueing first made knowne theyr Com-
mission to him vntill they shall be brought to a legall tryall
before our Lieutenant or cheife Governor of this our Province
for the time being Giuen vnder the Greate seale of our said
Province of Maryland this 7 of May in the 26 yeare of our
Dominion ouer the said Province Annog Domini 1658 Wittnes
cur Right trusty & wellbeloued Josias Fendall Esq Our
Lieutenant of the said Province
Josias Fendall
Bateman Lycence. “The same for M*‘ John Bateman mutatis mutandis
vsq? ad Given vnder the Greate seale of our Pro-
vince this 8" day of May in the 26 yeare of our Dominion ouer
the said Province Annoq Domini 1658. Wittnes our Right
Trusty and wellbeloued Iosias Fendall Esq Our Lieutenant of
the said Province.
Josias Fendall.
Wicocomaco June 3° The Secretary
At a Councell held at The Lieutenant
Present
The Survayor Generall
Vpon readeing his Lordships Commission & assent annexed
to certaine Lawes being 18 in number formerly assented vnto
» 22
Liber H. H.
344 Proceedings of the Councel of Maryland, 1657-1660.
by the vpper & Lower house of the Generall assemblys of this
Province held in Annis 1649 & 1650 w Commission and
assent beareth date 6° Augusti 1650; the Counsell findeing
that the said Commission was neuer as yett throughly executed,
as to the publishing those lawes, vnto itt annexed vnder the
Greate seale of this Province
Ordered
That the said Lawes be forthwith published vnder the greate
seale according to his Lordships will & pleasure in the said
Commission Expressed.
[ Organisation of the Militia.]
Then was taken into consideracon the settlement of the
militia of the Province, & certaine Jnstructions were drawne vp
to be sent to the Commanders of the seuerall divisions, &
Commissions ordered to be drawne for them also viz
To Captaine William Evans ) of all forces from Poplar hill ex-
Lieutenant & John Iarbo clusiuely to Wicocomaco River.
The said Captaine & Lieutenant are to chuse
theyr owne ensigne.
To Captaine Richard Bankes | from Poplar Hill inclusiuely to
Lieutenant w™ Kennedy St Georges river.
The said Captaine & Lieutenant to chuse
their owne ensigne.
from George Reades on the
South side of Patuxent River
to Cedar Point & from St Leon-
ards Creeke on the North side
to the Coves. ;
Lieutenant Henry Keene
To Captaine Henry Hooper
Ensigne George Reade
To Captaine Thomas Brooke ) from George Reades on the
Lieutenant Iohn Bogue tonth side 2 «> siseonards
_ Creeke on the North side to
the head of Patuxent River.
The said Captaine & Lieutenant are to chuse
theyr owne ensigne.
Proceedings of the Council of Maryland, 1657-1660. 345
Instructions directed by the Governor and Councell Liber H. H.
to the seuerall Captaines of the respective trained
Bands to be sent with theyr respective Commissions
Petpctions Trained __Imprimis that they cause:a, perfect. list ta be
a taken of all persons able to beare Armes with-
in theyr respective divisions that is of all men betweene 16
and 60 yeares of Age which List they are to returne to the p. 23
Governor or Secretary with all convenient speed.
2 That out of that List they do select such persons to be of
theyr constant Trayned Band as they shall iudge fittest both
for theyr Ability of Body, Estate, & Courage in which Choice
they are not to take the Person of any of his Lordships Coun-
sellors of state nor Iustices of Peace.
3. That they take Care that theyr said Companys be duly
mustered once euery month, & for the more certaine & con-
stant performance of that duty that they do appoint sett times
and places for the next Muster before they depart from euery
meeteing to Trayne and Exercise.
4 That they take an exact vieue of euery mans Armes that
they be well fixed, & that they endeavour to make euery
householder provide himselfe speedyly with Armes & Ammu-
nicon according to a former Act of Assembly viz 2'4 of powder
and 5" of shott & one good Gun well fixed for euery man able
to beare Armes in his house.
5 That they take speciall care that all persons by them
enlisted do make theyr constant personall appearance at euery
muster and that vnder the Paines & forfeitures of roo"! of
Tob for the first default, of 200 for the second, & 300 for the
3° default And if any person shall yett after such fine &
forfeitures imposed be further Negligent or refractory that
they certifye the Governor & Councell.
6 That they do not proceed rashly to impose a forfeiture
vpon any one but first see whether he can alleadge any lawe-
full impediment, in Judgeing of w they are to take Care they
be not to remisse and Indulgent allways remembring the exact-
nesse of Military discipline to be the security of euery mans
particular welfare & place.
7 That after a fine or forfeiture imposed for default they
immediatly certify the Sherriffe who is by Order of the Coun-
cell to Leavy the same if refused to be payd, & that they do
employ the said Forfeiture to the purchaseing Drums &
Collours for the Company, & after such Provision made, to
make the Company Drinke at theyr meeteing to Muster, in
w* they are strictly charged as well to avoid all Excesse them-
selues as seuerely to punnish it in others of theyr Company
Committed to theyr charge.
Liber H. H.
>
346 Proceedings of the Council of Maryland, 1657-1660.
Commission Cap: Tosias Fendall Esq" Captaine Generall of all
ae” the forces within this Province of Maryland
vnder the Right Honorable Ceecilius absolute lord & proprie-
tary of the same To Captaine William Evans Greeteing
According to the power to me by his said Lordship Committed
and vpon the speciall trust and confidence I haue in your fidel-
ity circumspection courage and good conduct I doe heereby
constitute ordaine & appoint you Captaine vnder me of all the
forces, betweene Wicocomaco River and Poplar Hill exclu-
siuely, them to muster Exercise and traine vp in the art of
Warre & discipline military & in all things to do as any
Captaine of a Company of foote may or of right ought to do
to the resistance of all ennimys suppression of all mutinys inso-
lencys insurrections & rebellions whatsoeuer according to such
orders and directions as you shall from time to time receaue
from me and to that end to list such & so many of the inhab-
itants within the precincts aforesaid as you shall thinke fitt, and
them when and as often as you shall thinke convenient to
muster and traine so that they may be in a readynesse as occa-
sion shall require to attend my further Comands with fitting
armes and Ammunicon for the purpose aforesaid. To haue
and to hould the said office & Command till the Lord Proprie-
tary or his heires or his or theyr Lieutenat cheife Governor or
Captaine Generall for the time beeing shall signify his or theyr
pleasure to the Contrary And all persons Whatsoeuer are
heereby Strictly Charged and required to yeald all due obedi-
ence to you the said Captaine Evans in all things appertaine-
ing to the Command & office heereby conferred on you as
they will answer the contrary at theyr perill Given vnder my
hand & seale this 15'* day of June in the 26" yeare of his lo”
dominion ouer this Province Annoq Domini 1658.
losias Fendall.
He The same mutatis Mutandis For Captaine Thomas
‘Brooke Likewise for Captaine Henry Hooper.
a Lieut: ~~ Tosias Fendall Esq Captaine Generall of all
the forces within this Province of Maryland
vnder the Right Hon: Czecilius Absolute Lord & Proprietary
of the same to Lieutenant Iohn Jarbo Greeteing According
to the power to me by his said Lordship Committed & vpon
the speciall trust & confidence I haue in your fidelity circum-
spection courage & good conduct I doe heereby constitute
ordaine & appoint you Lieutenant vnder Captaine William
Evans of the foote company by him to be raised betweene
Wicocomaco River & Poplar hill exclusively, them to Muster
Exercise & traine vp in the Art of Warre & discipline military
Proceedings of the Council of Maryland, 1657-1660. 347
& in all things to do as any Lieutenant of a Company of foote Liber H. H.
may or of right ought to doe to the resistance of all Ennimys
suppression of all mutinys insolencys & rebellions whatsoeuer
according to such Orders and directions as you shall from time
to time receaue from me or your said Captaine To Have & To
Hould the said office & Command till the Lord Proprietary or
his Heires or his or theyr Lieutenant &«cheife Governor or
Captaine Generall for the time beeing shall signifye his or
theyr pleasure to the contrary And all persons whatsoeuer are
heereby required & strictly commanded to yeald all due obedi-
ence to you the said Lieutenant Iarbo in all things appertain-.
ing to the Command and office heereby conferred on you as
they will answer the contrary at theyr Perills.
Given vnder my hand & seale this 15 day of June in the
26 yeare of his Lordships Dominion over this Province An°q?
1658
Josias Fendall
Bogue The same Mutatis Mutandis for Lieutenant John p. 25
Keene. : ° : :
Bogue Likewise for Lieutenant Henry Keene
: The Governor
At a Counsell held at Patuxent | Present < The Secretary
eighth of July M’ Baker Brookes
Vpon an alarme receaued from the Indians the Governor
and councell toke into theyr consideracon the present vnsettled
condicon of the militia and the necessity of a speedy settlement
not only in regard of the Indians who by the English were of
late disgusted, but also of the increase of the Quakers whos
denyall of subscribeing the engagement, nowe established by
act of assembly gives cause sufficient of Jealousies and
Ordered
Captaine John That in regard Captaine Henry Hooper was out
Oana eS & of the Province, and the time of his returne
vneertaine, Captaine John Odbur should com-
mand all the forces from St Leonards Creeke to the Coves on
the north side of Patuxent River, & from George Reades to
Cedar Point on the South side, and that Lieut Henry Keene
be his Lieutenant.
- Tosias Fendall Esq Captaine Generall of all the forces &c
To Captaine John Odbur Greeteing vt in Commission Cap:
W" Evans fol 23 mutatis mutandis
Commission Lieutenant Henry Keene, idem mutatis mutan-
dis with the Commission to Lieutenant John Iarbo fol: 24
Hiber H. 4.
i,
N
on
348 Proceedings of the Council of Maryland, 1657-1660.
[Arrest of Thurston and Cole.]
Informacon agt Tho: | Wpon Informacon made that Thomas Thurs-
‘Thurston & Iosias ton and Josias Cole had remained within this
dee Province aboue one month without notice
Given to the Governor or Secretary or takeing the oath of
fidelity contrary to the tenor of a Proclamacon beareing date
13 of Aprill last, & vpon further consideracon of a presump-
tuous letter written by the Said Thurston to the Governor &
Assembly diswadeing him & them from imposeing the engage-
ment, by the articles of 24° of March last agreed vpon to be
taken for the establishment of Peace & vnity amongst the
inhabitants of this Province, & likewise that all those who pre-
tended to be of theyr church or Judgement did refuse to
subscribe the said engagement notwithstanding the late Act of
Assembly provided in that case, and also that diverse who
before had subscribed the engagement nowe vpon theyr
Joyneing them selues to the said Thurston & Cole did renounce
& disowne the said engagement and all benefitt that by theyr
subscriptions did acrewe to them
Present only The Governor and Secretary
The Councell considering that these contempts of Acts of
Assembly, breach of Articles, & disobedience to Proclamacons
could not but tend to the embroileing of this Province in further
troubles Ordered That a warrant should Jssue for the appre-
hending the said Thurston and Cole to answer theyr misde-
meanours.
Warrant to the Sherriffes to bring Thurston & Cole before
the Councell
Ata Councell held at Annarundell The Governor
thesr2 uli Present The Secretary
M' Nathaniell Vtie
The Councell toke into debate the settlement of the Court
for the County of Ann arundell & the defects in the former
Commission. And Ordered That William Burges Thomas
Goa Meares Robert Burle Thomas Todde Roger
Commissioners for | Grosse Thomas Howell Richard Wells, Richard
Annarundell County. Ewen John Brewer Anthony Salway & Richard
Woolman Gent should be Com*™ for the said County & that
they should by the Sherriffe be summoned to appeare on 22"5
Instant at the house of Mt Edward LLoyd to take the oath
of Commissioners & Justices of the Peace; and that the 23"
Jnstant should be the first court day.
Warrant issued vpon this Order to John Norwood Sherriffe
to summon the said Persons & give notice of the Court.
Proceedings of the Council of Maryland, 1657-1660. 349
Then was taken into Consideracon the further settlement of Liber H. H.
militia and Resolved that for the Present the forces of this
Province should be divided into two Regiments the one con-
sisting of all the forces in Patowmecke & Patuxent Rivers the
other of all the forces from the Coves vp to the seaven moun-
taines, and the Jsle of Kent. The first of w® the Governor
would command himselfe the other should be Commanded by
M' Nathaniell Vtie. &
Ordered
mes Nathaniell That a Commission be drawne for Coll: Na-
7 thaniell Vtie to Command all the forces
betweene the Coves of Patuxent River & the seauen Moun-
taines, & that he Command as his owne Company all the
forces from the head of Seaverne River on the northside
thereof to the seaven Mountaines. -
That a Commission be drawne for John
Cumber to be his Captaine Lieutenant. And
that they chuse theyr ensigne
- That a Commission be drawne for Richard
Ewen to Command as Maior vnder Coll: Na-
thaniell Vtie & that he Command as his owne Company all
the forces from the Southside of South River vp to the
head thereof and M' Anthony Salways house in the Herring
Creeke Jnclusively
That a Comission be drawne for Alexander
Gourdon to be his Lieutenant: that they chuse
Cap: Lt Jo: Cumber
Maior Ri: Ewens
Lt Alex: Gourdon.
theyr ensigne.
That a Commission be drawne to Captaine
Thomas Howell to Command all the forces on
the southside of Seaverne River vp to the head thereof & the
north side of South River vp to the head thereof.
That a Commission be drawne for John Collier
to be his Lieutenant. That they Chuse theyr
Cap: Tho: Howell
Lt John Collier.
Ensigne.
ne Pe That a Comission be drawne for Thomas
aeaae Bradnocke to comand all the forces on the
Jle of Kent
eet, That Thomas Wetherell be his Lieutenant.
that they chuse theyr ensigne.
At a Councell held 16° Julij The Governor Ps 27
vpon the Jle of Kent Present the Secretary
Col: Nathaniell Vtie.
Vpon informacon Given that Thomas Thurston was Prisoner
but that Iosias Cole was at Annarundell seduceing the People
Liber H. H.
p. 28
350 Proceedings of the Council of Maryland, 1657-1660.
& diswadeing the people from takeing the engagement accord-
ing to the Articles of the Surrender of Govern: 24 of March
last & contrary to the Proclamacon 13° Aprilis, & the Act of
Assembly 1650 for takeing the Oath of Fidelity.
Ordered
That be apprehended & brought before the Govern' &
Councell.
Warrant to the Sherriffe of Annarundell to take the body
of Josias Cole & him in safe Custody keepe vt in Order with-
out Baile or Mainprise
In pursuance of an Order of the Councell of the 12" of July
last the Commissions were drawne for the Comanders of the
militia viz
Iosias Fendall Esq Captaine Generall of all the forces within
this Province of Maryland vnder the right Honble Czcilius
Absolute Lord & Proprietary of the same To Colonell
Nathaniell Vtie greeting According to the power to me by his
said Lordship Comitted & vpon the speciall trust & confidence
I haue in your fidelity circumspection courage & good conduct
J do heereby constitute ordaine & appoint you Colonell &
comander in cheife vnder me of all the forces to be raised
betweene the Coues of Patuxent River & the seaven moun-
taines as also vpon the Jle of Kent them to see mustered
exercised & trained vp in the art of Warre & discipline
Military And in all things to do as any Colonell of a regiment
of foote may or of right ought to do to the resistance of all
Ennimys suppression of all mutinys insolencys & rebellions
whatsoeuer according to such orders & directions as you shall
from time to time receaue from me And I do further Authorize
and appoint you to enlist for your owne Company such and so
many of the inhabitants on the north side of seaverne River
from the head thereof to the seaven Mountaines as you shall
thinke fitt & them when and as often as you shall thinke con-
venient to muster and traine vp so that they may be in a
readynes as occasion shall require to attend my further Com-
mands with fitting armes and ammunicon for the purpose
aforesaid To haue & to hould the said Office & command till
the Lord Proprietary or his Heires Or his or theyr Lieutenant
Cheife Governor or Captaine Generall for the time being shall
signify his or theyr pleasure to the Contrary And all persons
Whatsoeuer are heereby strictly comanded and required to
yeald all due obedience to you the said Colonell Nathaniel
Vtie in all things appertaineing to the command and office
heereby Conferred on you as they will answer the Contrary
Proceedings of the Council of Maryland, 1657-1660. 351
att theyr Perill Given vnder my hand and seale this 20'" day of Liber H. H.
July in the 27 yeare of his Lordships Dominion over this
Province Annog Dni 1658.
Josias Fendall
Cap: Lieutenant Commission to Captaine Lieutenant John
_ John Comber. . . . :
Cumber is the same mutatis mutandis with that
of Lieut John Jarbo fol: 24 dated as that of his Colonell.
Commission to Maior Richard Ewens is the
same mutatis mutandis with that of his Colonell
dated eodem die.
Maior Ri: Ewen.
Comission to Lieut Alexander Gordon is the
same mutatis mutandis with that of Lieut Jo:
Jarbos dated as his Maiors.
| Commission to Cap: Thomas Howell the same
mutatis mutandis with that of Cap: William Evans
fol: 23, dated 20" July
Commission to Lieut Jo: Collier vt in Jarbos
Commission mutatis mutandis dated as his Cap-
Lieut Alex: Gordon.
Cap: Tho Howell.
Lieut Jo: Collier
taines
Comission to Cap: Thomas Bradnocke the
same mutatis mutandis as the Commission to
Cap: W™ Evans dated 20 July
Commission to Lieut Tho: Wetherell the
same mutatis mutandis as Lieut Jo: larbos,
Cap: Tho: Bradnocke
Lieut Tho: Wetherell
dated 20" July
At a Councell held 22° Julij | The Governor
at Annarundell j Present The Secretary
Col: Nathaniell Vtie
Warrant issued to bring the body of Thomas Thurston to
M' Henry Courseys by 25'* of July directed to the sherriffe of
Caluert County or any other who should haue the said Thurston
in Custody.
The Sherriffe of Annarundell made returne of his summons
according to the Order of the 12 of July last and the persons
all appeared.
Then was the oath of Commissioner & Justice of Peace
tendred vnto them all, & taken vpon the holy Evangelists by
all but William Burges & Thomas Meares who pretended it
was in no case lawfull to sweare, whos plea was by the board
disallowed: and Maior Richard Ewen who in regard of his
military employment desired to be excused, and his excuse was
admitted.
Liber H, H.
No)
352 Proceedings of the Council of Maryland, 1657-1660.
Ordered
That Cap: Thomas Besson Cap: Thomas Howell & Mt Thomas
Taylor be added to the Commissioners in stead of William
Burges Thomas Mears, & Maior Richard Ewens.
These Gentlemen being sworne the Commission was imediatly
filled vp & signed by the Governor ;
Ordered that
Josias Cole be by the sherriffe brought to the County Court
to morrowe morneing.
At a Councell held 23° Julij The Governor
at Annarundell | Present The Secretary
Col: Nathaniell Vtie
This morneing was sworne Of his Lordship Councell M*
Edward Lloyd and from the Councell went to assist the
Governor at the County Court.
After the Court was ended the Councell mett againe
and there being then Present
The Governor Coll: Nathaniell Vtie
The Secretary \ , M: Edward Lloyd.
Toke into consideracon the insolent behaviour of som people
called Quakers who at the Court, in contempt of an order then
made & proclaimed, would presumptuously stand Covered,
and not only so, but also refused to subscribe the engagement
notwithstanding the Act of Assembly in that case provided
alleadging they were to be governed by Gods lawe and the light
within them & not by mans lawe and vpon full debate finding
that this theyr refusall of the engagement was a breach of the
Articles of the 24" of March last, and that theyr principles
tended to the destruction of all Government.
Ordered
That all persons whatsoeuer that were resideing within this
Province on 24° of March 1657 should take & subscribe the
said engagement by the 20 of August next or else depart the
Province by the 25'* of March followeing vpon paine due to
Rebbells & Traitors if found within this Province after the said
25" of March, & that a Proclamacon be forthwith drawne to
this effect.
Proclamation
By the Lieutenant & Governor of Maryland.
Whereas vpon the Surrender of the Government to me his
Lov Lieutenant on the 24'* of March last past amongst other
Proceedings of the Council of Maryland, 1657-1660. 353
things it was then agreed that the Oath of fidelity should not Liber H. H.
be pressed vpon the inhabitants then resideing within this Pro-
vince but that in place and stead thereof an engagement should
be taken in Manner and forme as in those Articles (relation
vnto them being had) more at large appeareth And whereas
by Act of this last Generall Assembly the said Articles are con-
firmed & the said engagement by a Lawe commanded to be
taken To the end the said Articles may be inviolably observed
and that all Jealousies and feares be removed These are in the
Lord Proprietarys name strictly to charge & Command all
persons whatsoeuer to make theyr fepaire to the Clarkes of
the respectiue County Courts at or before the 20'" day of
August next ensueing to make theyr subscriptions to the said
engagement or else that they provide themselues to depart
this Province by the 25"* day of March next and to declare that
all persons who shall refuse to subscribe the engagement within
the time before limited and shall be found in any part of this P- 3°
Province after the 25°" day of March aforesaid shall be proceeded
against as Rebbells & traitors Given vnder my hand this 23"
of July 1658
Josias Fendall
at Patuxent The Secretary
According to the Warrant beareing date 22"* Jnstant Thomas
Thurston was brought before the Governor, & the said Thurston
being desirous to depart the Province the Govern" Ordered
this followeing Warrant to be drawne Whereas Thomas Thurston
by himselfe & freinds hath desired of me that he may passe vp
to Annarundell, from whence he hath ingadged himselfe to
depart this Province by monday next being the second day of
August, vntill whos departing out of this Province Josias Cole
is to remaine as by Order of Court Provided These are there-
fore in the Lord Proprietarys name to Will & require you not
to molest the said Thomas Thurston during the time limited
for his stay and so soone as he shall signify to you his intention
presently to depart that you sett at liberty the said Josias Cole
Provided that if they or either of them shall be found within
this Province after the aforesaid second day of August (vnlesse
made vnable to depart by sicknes) they or either of them be
apprehended and proceeded against according to lawe in theyr
case provided Given Vnder my hand at Patuxent this 25 day
of July 1658.
At at Councell held 25° Juli \ Present The Governor
Josias Fendall.
To Colonell Nathaniell Vtie
M:' Edward Lloyd
M' Samuell Withers
~ Or any other the Commissioners for the County of
Ann-Arundell
Liber H. H.
354 Proceedings of the Council of Maryland, 1657-1660.
The Governor
Ata Councell held 5° Octobris The Secretary
at St Leonards \ Present ~ Cap: W™ Stone
| M* Job Chandler
| Coll: Nathan: Vtie.
An informacon was Presented by Richard Smith Gent: his
Lordships Attorney Generall against Thomas Gerrard Esq
one of his Lordships Councell.
Wherevpon his Lordships letter of 21‘ of November 1657
by which the Governor & Secretary were impoured (as they
conceaved) to appoint an Attorney Generall till further Order
from his Lordship was produced. And it was mooved by the
said Gerrard to haue the Opinion of the Board whether the
power Comitted to the Governor & Secretary by the said
Letter were good or not.
And it was Resolved by the whole board in the affirmative.
And Ordered that that Clause concerning the Power of ap-
pointing an Attorney Generall in the said letter Contained be
putt vpon Record in the Councell booke. Which Clause is
as followeth. (viz)
For what you proposed toucheing the Appointing an Attor-
ney Generall; the Governor and you may doe therein what
you shall see Needfull vntill another be appointed by me.
The letter is superscribed To my most affectionate loving
brother Philip Calvert Esq in Maryland. Subscribed Your
very affectionate loving brother C: Baltemore. Dated. London
21° Novemb' 1657.
Then was Read the Informacon against M' Gerrard viz
[Charges against T. Gerrard.]
To the Hon:** the Govern’ & Councell
The Informacon of Richard Smith his Lordships Attorney
Generall
Humbly sheweth.
That Whereas all persons of his Lordships Councell are by
Oath bound the debates of the said Councell to keepe Secrett
to the end the intentions & endeavours of his Lordship &
them his faithfull Councellors & the Jnstructions to them by his
Lordship directed for the good, peace, & quiett of this his
Lordships Country & people be not frustrated to the damage
of the said People and dishonor of his Lordship Yet so it is that
Thomas Gerrard Esq of St Clements Mannor in the County of
S' Marys not haueing the feare of God before his Eyes nor
respecting his Oath so solemnly taken nor yett tendering the
Proceedings of the Council of Maryland, 1657-1660. 355
good of the People ouer whome he was placed as a minister Liber H. H.
of Justice hath falsely & malitiously and against the Oath of
Councellor of state within this Province by him taken the Pri-
vate debates of the Councell disclosed viz at M* Robert Slyes
house at or about the beginning of May last that it was at the
councell Resolued to make M* Richard Preston one of his
Lordships Councellors hath before many persons affirmed &
as a debate of the Councell disclosed contrary to his duty,
faith, & Oath for secresy solemnly taken.
And whereas the disafection of the People to theyr Gover-
_ nors, in all places & in particular in this Province hath bin euer
found pernicious and destructive to the Peace & wellfare of
the People the s* Gerrard (Aymeing at his owne Greatenes w™
in vnsettled times he might vphould when by the sad distrac-
tions of this Province no one Party could for the endeauours
of the other such factious spiritts sufficiently controule) false &
scandalous speaches & Reports hath cast abroad tending to
Avert & alienate the minds of his lordships best freinds from
his Lordships Governor & consequently Govern! heere (since
without officers no Govern' can stand) Insinuateing Cunningly
vnto the People (viz at or about the beginning of May last at p. 32
Mr’ Robert Slye aforesaid) that the Governor would yeald vnto
any thing (Howe preiudiciall soeuer to that Party that had as
freinds asserted his lordships Just Rights) requested by the
People at Annarundell then & there sayeing the Governor
will giue them any thing or words to that effect. Which
words so full of Mallice, Cunning & Covertly Vttered to sett
our wounds euen then scarsely healed fresh on bleeding & to
embroile the Country in worse & more dangerous distempers
can not by any interpretacon (nowe to be putt vpon them) be
rendred other then what they were viz mutinous & seditious &
tending to the disherison of his Lordship & his Heires since .
they are well & truly interpreted at another time by him selfe
Sayeing what cares Captaine Fendall what he giues' away
since there was neuer Governor yett but had halfe the Rents
fines & forfeitures Insinuateing thereby a Carelesnes in his
Lordships Governor of the Just Rights of all persons in Re-
spect of his owne Gaine & further falsely & malitiously sug-
gesting that the said Captaine Fendall cared not what he did
to embroile the country since he had nothing to loose to the
vniust scandall of the said Captaine Fendall Governor of this
Province & damage & dishonor of his Lordship.
Neither hath his malitious & scandalous tongue reached at
his Lordships Lieutenant only & in him at his Lordships Juris-
diction & Government, but well knoweing the affections of the
People not easyly to be alienated by the endeavours of one
man he hath what in him lay endeauoured to destroy the
Liber H. H.
356 Proceedings of the Council of Maryland, 1657-1660.
Reputacon of the whole councell calleing them Rogues saye-
ing he would not sitt with such Rogues & in particular falsely
Chargeing Captaine William Stone Mr” Job Chandler &
Doctor Luke Barber (three persons of his Lordships Coun-
cell eminent for theyr fidelitys & sufferings in his Lordships
behalfe with secrett complyance with his Lordships Opposers
then (viz M* Richard Bennett) to the vniust scandall of his
lordships said Councellors & his Lordships vnspeakeable dam-
age in alienating the minds of his lordships said freinds &
thereby hindering the vnwearyed endeauours of his Lordships
said Governor & Councell for the peace & settlement of this
distracted Province so absolutely necessary for the peace &
welfare of euery private person heere inhabiteing.
And his Lordships said Attorney further Humbly sheweth
that whereas his Lordship out of his continuall watchfulnes for
the good & welfare of this his Province & the People therein
Resideing to the end that Justice to all persons may be duly
administred & peace & quiett constantly maintained and to the
honor of God this Province In all things Piously Governed hath —
by many his letters & instructions and in Particular by his
declaracon of the 26 of August 1651 required his Councellors
to give theyr due attendance on his Lieutenant at all Provincial
Courts &c (as by the said declaracon (Relation therevnto
being had) more at large appeareth) And also that in case any
of his Lordships Councellors shall in Drunkenes or other
Scandalous or vitious manner of liveing misbehaue themselues
his said Lieutenant against them to proceed according to Justice
hath commanded Nowe so it is that the said Thomas Gerrard
being on the 23'* of March 1656 required to Attend the said
Lieutenant at a Provinciall court to be houlden at Newtowne
the next day without any lawfull cause shewen & meerely that
the said Court should not be houlden nor Justice be then by
his Lordships Officers Administred nor his said Lordships
Affaires dispatched did willfully & malitiously refuse to attend
his said Charge and Office Contrary to his duty & the trust
reposed in him; And also to the Greate offence of Almighty
God dishonor of his Lordship & whole Councell hath diverse
times misbehaued himselfe & offended in Drunkennes & other
Lewd behaviour w for respect to his person & the whole
Councell I forbeare to particularize vnles forced to make proofe
thereof by his denyall But that som Convenient Certainty may
be contained in this Jnformacon I doe charge him with the s@
Drunkenes & Lewd behaviour Comitted on board of Covills
ship Rideing in St Georges River & in his passage from thence
to M' Edward Packers Landing & from that Landing in his
passage vp the River to M' Thomas Mathews his house.
The foregoeing Crimes & misdemeanors being duly wayed
Proceedings of the Council of Maryland, 1657-1660. 357
& Considered I his Lordships Attorney humbly pray that the Liber H. H.
s‘ Gerrard may be brought to Condigne & Exemplary Punnish-
ment according to the Lawes of this Province & the seuerall
powers to this Hono* board Committed by his Lordship for
the Maintenance of Gods Honor his Lordships Just Rights &
the Peoples peace & welfare.
Wherevpon were Read the depositions of Luke Gardner &
Walter Pakes formerly taken by Comission from the Governor
& owned by the said Gardner & Pakes before the Councell.
Captaine Nicholas Guyther then sworne saith he was on
board Covills ship with M‘ Gerrard that he came from on board
with him to M' Packers landing that he can not sweare that he
was Drinke but that he had bin drinking & further saith not.
M* Henry Coursey then sworne Also saith that he was on
board of Covills ship with M* Gerrard that the said Gerrard
had drunke somthing extraordinary but was not so much in
drinke but he could gett out of a Carts way & further saith not
The s* Gerrard desired day to putt in his answer, & day was
Granted till the next Provinciall Court.
And Ordered that the s‘ Gerrard should haue Coppys of the
Informacon & deposicons brought in against him.
At a Councell held at St Leonards the sixt of October P- 34
( The Governor.
| ‘The Secretary:
+ Cap: W™ Stone.
| M* Job Chandler.
| Coll: John Price.
Present
Came Thomas Gerrard Esq' & putt a long declaracon of his
former meritts & sufferings & in the end of itt this followeing
petition viz
To the Hon" the Governor & Councell
The humble Petition of Thomas Gerrard
Humbly
Beseecheth your Honors to take the premises into theyr
consideracon & in the space of an houre after your Petitioner
shall answer the Charge against him and that the present
Company may not depart because many of them will be be-
hoofefull as testimonys whe desireth may be examined by
som person least concerned in the matter, & as the Hon?
Governor shall thinke fitt.
And euer Pray &c.
Liber H. H.
358 Proceedings of the Council of Maryland, 1657-1660.
Wherevpon the declaracdn was Read & M'* Iob Chandler &
m* Iohn Hatch appointed to Crosse examine Wittneses in the
matters informed against M‘ Gerrard by the Attorney Generall
The Attorney Generall mooued to haue the persons nominated
for County Com’ called to Account for refusall to take theyr
Oath or Officiate as Commissioners and Justices viz for Calvert
County M* Michaell Brookes and Mr’ Philip Morgan For. the
County of Ann Arundell M* William Barges & M* Thomas
Meares
M' Philip Morgan pleaded he had till then bin Lame &
vnable to officiate or come to Court to be sworne & his plea
was admitted he promiseing according to the order of the
Board to officiat for the future
Ordered
That the fine to be imposed Vpon Mr’ Michaell Brookes
M' William Burges & M* Thomas Meares be referred to the
Consideracon of the Provinciall Court. .
M' Job Chandler being called away by speciall occasions it is
Ordered
That Coll: Nathaniell Vtie Crosse Examine the Wittnesses
in M' Gerrards businesse.
Matapanjent 3° Decembris The Secretary
At a Councell held at The Governor
Present
Coll John Price.
It was moved on the behalfe of Thomas Manning Gent then
absent that the said Manning had bought a parcell of land
lyeing vpon the Cliffes of Thomas Marsh late of the County of
Ann Arundell Merchant as by Bill of sale vnder the hand of -
the said Marsh beareing date 17° Octobris relation therevnto
being had doth appeare.
That the said land was Neuer yett Pattented, & that the
Secretary Refused to drawe any pattent for the said land
because the said Marsh dyed in Actuall Rebellion against his
Lordship & that no heire executor or administrator of the said
Marsh had as yett or for ought could be perceiued euer would
make themselues capeable of the late Articles of Agreement
by w*" only he the said Secretary conceiued the said Marsh or
any claimeing vnder him could haue any Just pretence or title
to any Grant or Pattent for land
And the Secretary informed the board in Favor of the
purchasor that the said Marsh had sould the said land at a time
Proceedings of the Council of Maryland, 1657-1660. 359
when he was conceaued a freind to his Lordships interest & Liber H. H.
before his actuall Rebellion w* was not before the yeare 1655,
& also at a time when the said Marsh had taken an oath of
Fidelitye to his Lordship though not that Oath by his Lord-
ships Condicons of plantacon then required in contemplation
of w* he did really beleeue the said marsh might then at the
time of the passeing his bill of sale to the said Manning haue
had a pattent for the said Land if had sued for itt.
Wherevpon the board Considered that Notwithstanding the
Oath by the said Marsh alleadged to be taken might perhaps
haue induced the then officers to haue Granted a pattent to
the said Marsh Yett that that Oath in truth not being the Oath
w could intitle any man to land by vertue of his Lordships
- condicons of Plantacdn & being vtterly reiected by his Lord-
ship vpon notice Given him of itt & the true oath expressly
enioyned to be taken by all before any pattents of land should
passe to them respectively; the Heires Executors or Adminis-
trators of Marsh seemed to be obliged to make themselues
capeabie of the Condicons of Plantacon by takeing the engage-
ment according to Articles & Act of Assembly before the said
Manning can haue any Grant of the said land & that the
Rather because the said Marsh after Oath so taken (w might
haue induced the Officers to haue passed a Grant in his Lord-
ships name to him the said Marsh) had neglected to take out
his Grant within a yeare as by his Lordships Condicons of
plantacon is required. Yett this being a leading Case to many
others of the like nature, & the Heire to Marsh being nowe &
euer since the Articles were made by w™ the Engagement is p. 36
imposed) absent out of the Province & the case depending
also vpon his Lordships pleasure
Resolved
That the further debate of this businesse be putt of till the
first letters be receaued from his Lordship and that then
Thomas Manning Gent: be heard and that in the meane time
no thing be admitted to the preiudice of the title of the said
Manning.
At a Councell held at St Marys 23° Februarij 1658.
The Governor ) M™ Luke Barber
Present The Secretary | M* Robert Clarke
Cap: W™ Stone Mr Baker Brooke
M* Job Chandlor J
The Case of Thomas Manning Gent: was moued, & the
said Manning nor any for him appearing it is referred to the
next councell.
Liber H. H.
P- 39
360 Proceedings of the Council of Maryland, 1657-1660.
Vpon information that the Emperor of Pascattoway was dead
or ready to dye the Gouernor desired the opinion of the
Councell whether it were fitt that Wee endeauour the making
of a new Emperor yea or no in case he dye. & vpon con-
sideration & debate had thereof
Resolued Vnanimously by the Gouernor & Counsell that
wee should Endeauor the making of a new Emperour in case
he dye.
Was preferred the Petition of Richard Moore William
Hollinsworth & Richard Hollinsworth touching the Customs
of ten shillins per hogshead layd vpon all Tob: exported to the
Manhatans or other Dutch Plantacon
[Seizure of a Dutch ship.]
Annu
1659.
At a Councell held at St Marys Primo Juntj 1659
The Gouernor ) M° Job Chandler
Present The Secretary >» Cap: John Price
Cap: W™ Stone
The Gouernor informed the Councell that there was a ship
com into st Georges Riuer w™ pretended she came from Yar-
mouth in England, & that shee had com immediatly from
France: that demanding of the Master his Cocquetts he was
able to shewe none whereupon he had seised them: that the
men on board her were in different storys from whence he did
suspect the were Piratts.
Wherevpon the Prisoners viz Richard Galey Nicholas Salmon
& Richard Stockdale were sent for and examined & the
Examinations of Thomas Barrett James Montioy & Mathewe
Benham read, & it appearing by the Confessions of the said
Galey Salmon & Montioy that they without any Commission
Vide the Examina. Had seised the said Vessell vpon pretence she
cons vpon the Record belonged to Amsterdam se theymracms.
onthe cay Prisoners not hauing brought the Master nor
pe any one Dutchman of her company nor the
Cocquetts whereby it could be made clearely appeare to what
place she belonged, but only so farre forth as the oath of
Richard Stockdale (who is an Englishman) is valid who pre-
tends he was one of the Company shipped on board her at
Amsterdam & taken in her at the Barbadas.
Vpon Consideracon whereof & of the order prescribed in
the seuerall Acts of Par' for the proueing of shipps to be law-
full prize w by the said Prisoners hath not bin obserued the
Court doth Judge
Proceedings of the Council of Maryland, 1657-1660. 361
That the ship Called the st George of Amsterdam & her
freight brought into this Port by the said Prisoners be seised
into the hands of the Lord Proprietary & that if within a yeare
& a day no lawfull Right be made appeare that then she with
all her freight apparrell tackle & furniture be adiudged lawfull
prize & that in the Jnterim the goods be appraised.
At a Councell held at st Marys Quarto Junij 1659
The Gouernor Coll: John Price
Present 4 The Secretary &
M’ Job Chandler } M’ Robert Clarke
To the Honble &c
Philip Caluert Treasorer & Receauer Gennerall
sheweth.
That vpon 31 of May last past Richard Galey Nicholas
Salmon Thomas Barrett James Montioy Mathew Benham
George Lyne & Peeter Janson a Pinke called the st George of
Graft had into this Port of S' Marys as Prize brought: that at
a Court held the first of June the said ship and goods for want
of proofe could not be adiudged Prize but was adiudged to be
seised into the hands of the lord Proprietary there to Remaine
for a yeare & a day, after w™ time she was to be adiudged
Prize if no lawfull Right of other persons could be thereto
made appeare as by the said Order more at large appeareth
That since the said Order search being made in the said ship
certaine Dutch Cocquetts haue on board the said ship bin
found. That by the said Cocquetts & sea breife it doth
appeare the ship belonged to Graft and the inhabitants of the
Vnited Provinces: that shee was taken in Carlile Bay in the
Barbadas that shee had traded in the said Jland, landing there
fower horses and diuerse other goods & Receauing on board
sixe hogsheads of sugar and seauenteen baggs of Cotton of
the Grouth of that Country, as appeared by the Oath of Richard
Stockdale That she was Loaden at Amsterdam with French
Brandy wine & french Canuas as appeareth by the oath of
Richard Stockdale also & som silkes all w* were goods not of
the Grouth of Holland, And therefore Craueth Judgment of the
board.
The opinion & Judgment of the Councell is
That the ship St George & goods be inuentorized & ap-
praysed & that his Lordships Treasorer haue power to sell and
dispose of seauen tenths for which he is to be accomptable to
the Lord Proprietary in case the said ship & goods be found
Liber H. H.
p. 40
Liber H, H.
Pp. 4
=
362 Proceedings of the Council of Maryland, 1657-1660.
to belong or any ways appertaine to his said Lordship: other-
wise to those persons who shall make Lawfull right appeare
thereto within a twelue month & a day intended to begin from
the first day of June last; And that the other three tenths be
deposited into the hands of his Lops Gouernor to be by him
sould Hee being accomptable therefore in case any Just claime
(except by his said Lop) be made thereof within a twelue
month and a day beginning from the first day of June as afore-
said
The Govern’ = 4
Ata councell Held at Ann) Present The Secretary |
Arundell 23° Julij 1659 \ Coll: Nath Vtie
Mr’ Rob: Clarke |
MEd: Lloyd. . +)
[Order against Quakers. |
Vpon Consideracon had of the disturbance in the Civill and
military part of the Government by the Quakers.
Ordered as followeth: viz
Whereas it is to well knowne in this Province that there
haue of late bin seuerall vagabonds & Jdle persons knowne by
the name of Quakers that haue presumed to com into this Pro-
vince as well diswading the People from Complying with the
Military discipline in this time of Danger as also from giving
testimony or being Jurors in causes depending betweene party
& party or bearing any office in the Province to the no small
disturbance of the Lawes & Civill Governt thereof: And that
the keeping & detayning them as Prisoners hath brought so
great a charge vpon this Province the Governor & Councell
taking it into theyr Consideracon haue thought fitt to Appoint
& doe heereby for the prevention of the like inconveniences
for the time to com Require & command all & euery the
Justices of the Peace of this Province that so soone as they
shall haue notice that any of the foresaid Vagabonds or Jdle
persons shall againe presume to com into this Province they
forthwith cause them to be apprehended & whipped from
Constable to Constable vntill they be sent out of the Province.
Articles
of agreement made & Confirmed this 29 day of July 1659
betweene losias Fendall Esq Lieutt & Govern" of the Province
of Maryland on the behalfe of the Lord Proprietary of the one
party
and
Proceedings of the Council of Maryland, 1657-1660. 363
Tatacoughkow on the behalfe of the Jndians of Trasqua- Liber H. H.
kin. &
Nawighkough on the behalfe of the Jndians of Rasoughteick &
Tetuckough: &
Vnnamowas on the behalfe of the Jndians of Maquamti-
cough &
Naqutsough on the behalfe of the Jndians of Sequawaugh-
teick: &
Tequassin on behalfe of the Jndians of Quowaughkutt: &
Zakowan on the behalfe of the Jndians of Monoponson: &
Quassatum on the behalfe of the Jndians of Amusteack of the
other party as followeth. Viz:
Imprimis that there be an Jnviolable peace & perpetuall
Amity and freindship established & confirmed betwene the
foresaid Indians of the Easterne shoare & the English ee U
tants of this Province to endure to the worlds end
2 That it shall be lawfull for any English inhabitants of this
Province, or w° shall heereafter com & inhabite within this
Province to seat themselues & Familys with theyr estates &
Cattle vpon any land on the Easterne shoare belonging to the
foresaid Jndians without molestation or Trouble from the said
Jndians.
3 If any Jndian or Jndians aforesaid shall steale & Carry
away any goods whatsoeuer or kill any swine or other Cattle
belonging to any inhabitant of this Province That the foresaid
Jndian or Jndians restore such stolne goods back againe to
the owners making further satisfaction in case the goods be
damnifyed or diminished & satisfaction likewise for any swine
or other Cattle killed as afores*
4 That if any the foresaid Jndians shall happen to kill an
English inhabitant both the Jndian that Committeth such
Murther & all other his Accessories therein shall be delivered
vp by the said Jndians to the Govern of this Province to be
proceeded against according to Lawe & Justice.
5 Jn case any the Jndians aforesaid receaue any damage or P. 42
be aggreived through the misdemeanor of any the English
inhabitants aforesaid: They are to repaire to M* Henry Mor-
gan vpon the Jle of Kent who togather with the commander
& the other Commissioners of that County shall see them
Righted. & satisfaction Giuen as to them shall seeme Just
& Convenient And on the Contrary likewise vpon any
complaint for damage receiued or other aggreivance from
the said Jndians the English are to repaire to Tatacoughkow
who is to cause satisfaction & right to be don & especially for
any thing Committed against & the breach of any the foresaid
Articles.
Interchangeably signed by the aforesaid Josias Fen-
dall & Philip Calvert of & to the one part &
Liber H. H.
P- 43
364 Proceedings of the Council of Maryland, 1657-1660.
Tatacoughkow: Wawighkow: Vanamowas Naqut-
saugh: Tequassin: Zokowan: & Quassatum on & to
the other part
At a Councell held at Ann Arundell 3° Augusti 1659
The Govern ) Coll: N: Vtie ~
Present The Secr: { M* Edd: Lloyd
Thomas Thurston brought before the Govern’ & Councell
by warrant from Coll: Nathaniell Vtie Grounded vpon the
order of 23 of July last pleaded he was then at the time of the
making that order within the Province & consequently not
with in the letter of the Order. Wherevpon it was Ordered
that
Whereas there was an order passed this board the 23 of July
last past, whereby the Justices of Peace were enioyned to see
all Quakers not inhabitants of this Province disswading the
People from complying with the Orders & commands of the
Magistrates to be whipt from Constable to Constable & sent
out of this Province which order related to the time then to com.
And whereas Thomas Thurston in Obedience to that Order
was by Coll: Nathaniell Vtie imprisoned to be proceeded
against accordingly. Jt appearing to this board that the s?
Thurston was then at the Time of the making of the said Order
within the Province & consequently not within the letter of itt.
The board doth Judge That the said Thurston be for euer
bannished this Province, & that if he be found within this Pro-
vince at any time 7 days after the date heereof or shall att any
time after returne againe into this Province that he be by the
next Justice of the peace caused to be whipt with 30 lashes &
so sent from Constable to Constable till he be Conveyed out
of the Province. And that if he shall then at any time againe
presume to returne into this Province that he be whipt with 30
lashes at euery Constables & be againe sent out of the Province
as aforesaid. And it is further ordered that no person what-
soeuer presume to receaue harbour or conceale the said Thomas
Thurston after the tenth day of this Present month vpon Paine
of fine hundred pounds of Tob for euery time that they shall
so Receaue harbour or Conceale him the said Thomas Thurston.
Vpon Complaint made by the military officers of the neglect
of Military discipline for want of sufficient provision against
defaulters at Musters in theyr last instructions it is ordered
Order Fines That the Colonells of the Regiments do see
default: musters that the Musters be performed as in theyr last
instructions & that they doe cause all defaulters to be fined
one hundred pounds of Tob: for euery default from this time
forward.
Proceedings of the Council of Maryland, 1657-1660. 365
Order Dela Then was taken into Consideracon his Lo? Jn-
ware Bay. struction & Command to send to the Dutch in
Delaware bay seated within his Lops Province to command
them to be gon. & Ordered
That Coll: Nathaniell Vtie do make his repaire to the
pretended Governor of a People seated in Delaware bay within
his lo®’ Province & that he do giue them to Vnderstand that
they are seated within this his Lops Province without Notice
Giuen to his Lordships Lieutenant heere & to require him to
depart the Province.
That in case he find opportunity he insinuate vnto the People
there seated that in case they make theyr application to his
Lordships Govern heere they shall find good Condicons, Ac-
cording to the Condicons of Plantacon granted to all Commers
into this Province w® shall be made good to them: & that they
shall haue protection in theyr liues, libertys, & estates w™ they
shall bring with them.
The letter of the Governo’ to the Com-
mander of the People in Delaware bay.
St
fetter sent by Coll | receaued a'letter from you directed to me
Vtie to Delaware as the Jord Baltemores Governor & lieutenant
of the Province of Maryland wherein you suppose your selfe to
be Governor of a people seated in a part of Delaware Bay w®
J am very well informed lyeth to the southward of the degree
_ forty & therefore can by no meanes owne or acknowledge any
for Governor there but my selfe who am by his lo? appointed
lieutenant of his whole Province lyeing betweene the degrees
38 & 40: but do by these require & command you presently
to depart forth of this his lops Province or otherwise desire you
to hould me excused if I vse my Vtmost endeavour to reduce
that part of his Lops Province vnto its due obedience vnder
him.
Orders of the Councell of State.
Tuesday 4™ October 1659.
Upon Information given by Richard Pight Clerke of the
Irons in the Mint, that Cicill Lord Baltamore and diverse others
with him, and for him, have made and transported great sums
Lord Baltamore Of money, and doe still goe on to make more.
to be appreht Ordered, That a Warrant be issued forth to the
said Richard Pight for the apprehending of the Lord Baltamore
and such others as are suspected to be ingaged with him, in
the said offence, and for the seizing of all such monys stamps,
tooles and Instruments for coyning the same, as can be met
with, and to bring them in safe Custody to the Councell.
Liber H. H.
Pake@;
Domestic
Interregnum.
Vol. 107,
p- 646
Liber H. H.
P- 44
306 Proceedings of the Council of Maryland, 1657-1660.
[Mission of Herman and Waldron. ]
Ata Councell held at Patux- ) Present ) The Governor )
ent October the 6 1659. i ; Secretary
Cap" W™ Stone
M* Thomas Gerrard
Luke Barber
Coll. Nath. Vtye |
Baker Brooke
Ed. LLoyde
Came Augustinus Herman and Resolved Waldron and
presented the Governor and Councell with a letter and
Credentialls from Petrus Stuyvesant Gennerall of the New
Netherlands in Dutch (and Englished by M* Symon Overzee,
by order of the Councell) as followeth (vizt)
Honnorable Lords
Wee haue with great astonishment vnderstood how, that one
Collonell Nathaniell Vtie of late without that there is yet shewed
to vs any lawfull quallification Commission or Order from any
State or Governm! but onely vpon a Seditious Cartabell in
forme of an Jnstruction without inserting any tyme or place, or
where or from whom or in whose name, Order or Authority it
was written onely Subscribed Philip Calvert Secretary is come
to vs within our Government, and Colony of New Amstell, and
vpon the same soe formed Jnstruction hath demanded the fore-
said place, and Colony of New Amstell, and vpon refusall hath
threatened the Governor, Councell, and Jnhabitants of the place
to bloud in Case that the foresaid ffortress and Colony is not
rendred willingly within the tyme and space of three weekes,
and to come againe by force of people to inforce the same by way
of hostility to invade the same. And moreover the Jnhabitants
of the said place Subiect to the High and mighty Lords States
Generall of the vnited provinces haue sought to alienat, and to
induce to Rebellion from their lawfull Comannders and oure
Nation which is also directly against the Confederacy and
peace Articled betweene the Republick of England and the
abouesaid High and mighty Lords States Generall of the
Vnited Provinces made in the yeare 1654. And whereas
the aforementioned Coll Nathaniel Vtye in his discourse did
make mention as if hee by yow thereto was quallified and
Commannded, Which Nevertheless Wee out of the aforesaid
pretended Instruction in noe waies can be induced to belieue.
Therefore wee haue to avoide all misvnderstandings betweene
these Governments, people and Subiects thought fitt to send
to yow as Agents and Embassadors our Welbeloved and
Trusty Augustin Herman, and Resolveer Waldron for to
eS
Proceedings of the Council of Maryland, 1657-1660. 367
remonstrat all what is aforesaid, and how ill those odious pro-
ceedings wilbe taken by the High and Mighty Lords, States
Gennerall, the Lords Overseeers of the West Jndya Company,
and the High Esteemed Lords and Governors of the Citty of
Amsterdam, as they are taken now already soe by Vs, and to
request for what is past (in Reference to the Articles of Peace,
and in a Kind and Neighbourly Way the apprehension of
Certaine fugitiues, All this in Conformity to their Comission
These are onely to serue for their Address and Safe Conduct,
And Wee accordingly request that the foresaid our Commis-
sioners according to the Right of Nations may be Creditted and
belieued as our trusty Embassadors Which wee in like occa-
sions at all tymes shalbe willing to acknowledge, and remaine
in all other Observations Which Wee trust shalbe accepted in
all Cordialty
Honored Lords Your affectionat freinds
and Neighbors.
P Stuyvesant
pace dort Amseerdam! By Commannd of -.the (Lords Overseeers
in New Netherland the
23th September 16s9. | Generall and Lords Councellors of N: Neth-
erland.
C V Ruyven Secret"
Superscribed as followeth.
Petrus Stuyvesant Jn the behalfe of the High and Mighty
Lords States Generall of the Vnited Provinces, the Noble
Lords Overseers of the authorized West India Company as
Director Generall of New Netherland Curacoe Buonayro Araba
and the appertenants of them with advice of the Lords of the
Councell. ‘To all men that theese shall come to See or heare
Salut Wee make knowne that Wee haue quallified authorized
and haue given power, As wee doe quallifie authorize and giue
power by these presents to S* Augustine Heermans and
Resolveers Waldron as our trusty Embassadors to address them-
selues to the Honno” Josias ffendall Governor of Maryland,
and after the Delivery of the Coppy of this, and letter to his
Honnor in a freindly and Neighborly way to request the
Redelivery and restitution of such ffree People & servants as
for debts and other wayes haue benefted and as to Vs is given
to Vnderstand that for the most parte are resideing in his
honnors Government especially about a yeare since haue gone
out of this Colony of the High well Esteemed Lords Governors
of the Citty of Amsterdam which if yow doe, wee are ready to
assure yow that in maintaineing of good Justice and neighborly
duty to doe the same besids all those that may come Runa to
Liber H. H.
Liber H. H.
Pp. 47
.
368 Proceedings of the Council of Maryland, 1657-1660.
vs out of any of your Neighbors Governments, otherwise if
Contrary wise your Honnor shall make any Exception or delay
vpon this freindly and neighborly representations then to his
honnor, as also to the Councell or any that this may concearne
to make it knowne that Wee shalbe inforced Lege Talionis to
publish and to grant all liberty and Staye ffree accesse and
Recesse to all planters (Servants and Negroes included) which
now are out of his honnors Government or hereafter shall
Come to vs. ;
Secondly Wee doe Comand our foresaid Embassadors and
Agents to make knowne to the Lord Governor and his Coun-
cell what has past about the Comeing and arrivall, of one
Nathaniel Vtye in the foresaid Colony of N. Amstell seeking
to Suborne and induce the Jnhabitants of the High and
.Mighty Lords of the said Colony to Rebellion from their legall
Comannder and owne nation, and further without any lawfull
order Act or Quallification from any State pvince Parliament
or Government shewing onely open a Conceiued Jnstruccon or
Cartabel without tyme or place or when written nor by order
of any State Prince or Parliament or Government Subscribed
demanding and in Case of refusall threatening our said ffortress
to bloud with the said Colony of N: Amstel, thereto adding the
said ffortress w'® in the tyme of three Weekes (in Case the
same was not surrendred willingly) with power of people to
invade, by way of hostillity which is altogether Contrary to the
Articles the 2. 3. 16" and last of the Confederacy and peace
betweene the Republick of England and the Netherlands in
the yeare 1654. made: And also Wee out of the said Conceived
Instruction, by Coll' Nathaniell Vtie delivered, to the Lord
Director of the said Colony of N Amstel Cannott Conceiue
any higher, power, or authority, or order to such seditious pro-
ceedings, and perswasions to the Subjects from their legall
Lords and owne Nation, and far less for to demand and threaten
such places where their Vndoubted Right Can be shewed by
Pattent of the High and mighty Lords States Generall granted
to the Noble Lords Overseeers of the West Indias Company.
further by bargaine and sale and Deeds of the Natiues and
possession aboue these fforty yeares, which is then Contrary to
the lawe of Nations and contrary to the fore mentioned Articles
of Peace to this tyme as yet intirely observed, to whose Iudg-
ment and decision all Questions (if there should arise any
(betweene both Nations) first must be referred according to the
Last Article of the peace where our owne forenamed Embassa-
dors are especially authorized and Commanded seriously to
request the foresaid Lord Governor and his Councell by vertue
of the aforesaid Articles of Peace to giue vs Right & Justice
against the said Collonell Nathaniell Vtie with reparation of
mAs
Proceedings of the Council of Maryland, 1657-1660. 369
damages already sustained (by his frivolous demands and Liber H. H.
bloudy threatening) Jn Conservation of our plantations in the
Sowth River and hereafter may be inforced to doe. And
further by these our open Commission doe request that the
abovementioned Embassadors Augustinus Heermans and
Resolvert Waldron as our trusty Agents, according to the lawe
of Nations may be receaved heard, and full Creditt may be
giuen promising to ratify and to approve, and to hold of force
what shalbe don by them, according this Commission as if such
was don by our Selfe. These Wee haue giuen vnder our
ordinary Cachett, and Signature in Amsterdam in N Netherland
the 23" of September Anno one thowsand Six hundred ffifty p. 48
Nyne
P Stuyvesant
Locus Sigilli
x By Comand of the Lord Director
Generall of the N. Netherland Curacoe
&c and the Lords of the Councell
C V Ruyven Secrets
After which the said Agents delivered the ensuing Declara-
tion (vizt)
Declaration and manifestation
By way of Speech delivered vnto the Honno**
Governor and Councell of the Province of Maryland
in Chesepeake Bay from and in the behalfe of the
honno”* Governor Generall and Councell of the pro-
vince of the new Netherlands.
Notifying first and former the Ancient originall Right and
Tytle the Subiects of the High and mighty States Generall of
the Vnited provinces vnder the propriety of the Lords of the
West Indy Company of Amsterdam in Holland, Haue vnto
the Province of the New Netherlands, latituded from Degree
38, to about 42 by the Great Ocean Sea, and from thence 200
(Circuited all Rivers Jlands, and maine Continents) Northerly
vp to the River of Canada, on the West side Virginia, and
now Maryland Upon the great Bay of Chesopeake, and on the
East New England. To say, That their Ancient Right and
Tytle to that parte of the New found World of America.
Doth in a manner derive to them, first from the King of
Spaine, as then Subiects or Vassalls to the first finder and
fundator of that New world Who after Warr and peace in
those dayes Concludeth did renounce and Giue over vnto the
vnited Republick of the Seven provinces aforesaid all his
Right and Tytle of those Countreys and Dominions they haue
Liber H. H.
Pp: 50
370 Proceedings of the Council of Maryland, 1657-1660.
then in. process of tyme Conquered and Seated in Europe,
America or Elsewhere whereof the aboues* province of the
new Netherlands the Jlands of Curacoe and Brasille became
the true proper inheritances to the Dutch Nation in those parts
in that respect. é
Secondly, As for the Generallity The ffrench were in the
yeare of our Lord God Allmighty 1524 the Second followers of
the Discovery in the Northerne parts of this America by
Jehan de Verazzano a fflorentine
Then Came the English and Dutch afterward also, and tooke
possession in the parts wee are in now. for Since the yeare
1606, or 1607, to about 18 or 20 The English established and
seated their Colony of Virginia by Distinct pattents from the
Degree 34 to about 38. The Dutch the Manhatans from 38
to 42, And New England from the degree 42 to 45, The
ffrench slaine in florida beheld Canada (Spaine the West
Indies or Mexico, The Portugalls Brasyll) And thus is this
New World divided amongst the Christian princes of Europe,
by Communication of each others Embassadors agreed vpon
Out of which Reason King James of England Did Will Com-
annd and require that the Colony or province of Virginia, and
the province of New England should remaine asunder and not
meete together within the Distance and space of a hundred
leagues which was allotted for the Dutch plantations then called
by the Generall name of Manhattans, after the name of the
Jndians they were first seated by And is here to be noted
that they deeply mistake themselues who interprett the Gene-
rall name of Manhattans aforesaid, vnto the particular Towne
built vpon a little Jland because as it is said it signified the
wholl Countrey & province, or at least that particular place in
that province as per Example, like it is frequent still to this
Day amongst some to Say to goe or Come from the Manhat-
tans when they meane the whole province like vnto Virginia
or Maryland for that particular Towne it selfe is never named
the Manhattans, but New Amsterdam. And as for the Sowth
River or as it is Called by the English Delaware int particular:
The said River was in the primitiue tyme likewise possessed,
and a Collony planted in the Westerne Shore within the mouth
of the Sowth Cape called the Hoore Kill to this day, The
Dutch Nations erecting there and all over the Countrey their
States Armes and a little fforte, but after some tyme they were
all slained and murthered by the Jndians Soe that the posses-
sions and propriety of this River at the first in his Jnfancy is
Sealed vp with the bloud of a great many Sowles. After this
in the yeare 1623 the fforte Nassaw was built about 15 leagues
vp the River on the Easterne Shore, besids many other places
of the Dutch, and the Dutch Swedes to and againe settled.
Proceedings of the Council of Maryland, 1657-1660. 371
vntill it thought the Governor Generall and Councell good to
remoue the said fforte Nassas in the yeare 1650 downewards
to the Westerne Shore againe, and there to fix a Towne as it
is to this day. No man ever makeing any protest or Claime
from Maryland or Virginia against it. Wee Say further more,
to haue the propriation and iust Right and Tytle of that whole
River (and all our abouesaid province) also lawfully obtained
and legally bought from the Naturall proprietors the Natiue
Jndians, especially the Westerne Shore from tyme to tyme
hitherto, as farr and more within land to the West, as our lyne
and limitts as yet are extended and seated. By vertue of all
Which & the Right and Tytles aboue mentioned wee haue
allwaies maintained and Defended the said River against all
Vsurpers and Obstructers as it is publickly knowne to this
Day, and shall doe for Ever.
Thirdly from that primitiue tyme aforesaid haue the Dutch
Nation in the province of the New Netherlands, and the Eng-
lish Nation in the province of Virginea and Maryland aforesaid
allwaies freindly and Neighbourly Corresponded together, and
‘that which is very well to be noted selfe in the Last open
warr without any Claime iniury or molestation one to another.
Vntill vpon the Eight day of September this runing yeare 1659
Coll" Nathaniell Vtie Came to our aforesaid Sowth River (by
the English called Delaware Bay aforesaid) into the Towne and
fforte New Amstell erected in the yeare 1650 as abouesaid, and
without any speciall Comission or lawfull authority from any
State, Prince Parliament or Governm exhibited onely by apiece
of paper, a Cartabell by forme of an Jnstruction from Philip
Calvert Secretary written without yeare or Day, nor name or
place where neither signed and sealed by any State Prince
Parliam‘ or Government Comandeth in a manner and required
in a strange way, That the Towne and Countrey should be
delivered and surrendred vp to the Province of Maryland as he
saith for my Lord Baltemore. Going from howse to howse to
seduce and draw the Inhabitants to rebell and fall from their
Right Lawfull Lords Soveraigne Goverment and Province with
threatening in Case of no present willing submission, and
Delivery to Come againe and bring them to it by force of
Armes fire, and Sword whereto hee saith a great Company
were kept and held for that purpose in readiness, Nay that the
whole Province of Maryland should rise and Come to bring
them vnder and that they then should be plundered, and their
howses taken from them, and So forth. Against which Action
and iniurious & illegall proceedings, The Deputy Governor
and Magistrats of the aforesaid River and Collony firmely haue
protested, and answere made vnder their owne hand sub-
scribeing, dated the 9'* of September 1659. last past insinuating
Liber H. H.
p. 51
Liber H:. H.
p- 52
372 Proceedings of the Council of Maryland, 1657-1660.
that the further occupation of that great buisness of Conse-
quence did belong and must be referred to the Honno”* Gov-
ernor Gennerall & Councell of the whole Province of the New
Netherlands of whom an answere should be expected within
three weekes tyme Who after ayd and assistance done to
their Subiects in the aforesaid River haue vs vnder written as
Embassadors, and Messengers with all speede send hither to
yow the Honno* Governor and Councell Assembly, or whom
it in any way might Concearne in the Province of Maryland of
Chesepeake Bay, for to Declare and manifest by power and
authority of our Comission whereof wee this present deliver
Duplicatt
first that the foresaid iniurious parts are done not only against
the lawe of Nations Neighbourly freindship, and Comon equity,
But also directly Contrary to the Amity Confederacy and Peace
made and Concluded in the yeare of our Lord God Allmighty
1654, Betweene the two Nations of the Republick of England,
and the Republick of the Vnited Provinces and their Subiects
all over the World (vizt) Articles 2. 3. 5.6.9. 10 and 16.
Whereby Wee proclaime the said Embassadors Amity and
Peace is disturbed and interupted by the said Coll" Nathaniell
Vtie or his Principles of the Province of Maryland against the
Province of New Netherland aforesaid, And therefore make
protest and by power from the abouesaid 16 Article of peace
and Sociatyon, Demand Iustice and Satisfaction of all those
Wrongs and Damages the Province of the New Netherlands
and their Subiects haue already by the abouesaid iniurious
proceedings suffered, or as yet may come to suffer.
Secondly Wee demand the sending and retourneing back
to our aforesaid Sowth River and Collony all the Dutch and
Swedes people Subiects Runawayes and fugitiues which from
tyme to tyme especially this present yeare (for the most part
deeply ingaged indebted, or delinquents) are come over and
remaine in this Province of Maryland, as it is strongly suspected
by meanes of the abouesaid odious and iniurious designe from
hand to hand incouradged. Declaring that the said honno®
Governor Gennerall, and Councell of the New Netherlands, are
in readiness to doe the like in sending, and retourneing back
to Maryland all those Runawayes, and fugitiues which may
come into their Jurisdiction and Government aforesaid, Which
manifestation in Case of not That according to lege tallionis,
The honno* Governor Generall and Councell of the new
Netherlands aforesaid hould themselues Constrained necessi-
tated and excused to publish free liberty access and recess to
all Planters Servants Negros, ffugitiues and Runawayes which
from tyme to tyme may come over out of the Jurisdiction of
fo into the Jurisdiction of the New Netherlands afore-
sai
Proceedings of the Council of Maryland, 1657-1660. 373
And whereas (to say som things by way of a little discourse Liber H. H.
to the supposed Claimes or pretence of my Lord Baltemores
Pattent vnto our aforesaid Sowth River or Delaware Bay) Wee
vtterly deny disowne, and reiect any power and authority (ex-
cept breakers of peace, and Actors as publick Enemies which
rests onely vpon their strenigth and self will) that may or can
legally come to reduce, or subdue the said River & Subiects
from their right lawfull Lords and Proprietors, by whom it is
vndenyable iustly and lawfully possessed and seated about
fforty yeares agone as abouesaid, when to the Contrary the
Pattent of the said my Lord Baltemore is of no longer standing
and settlement then about 24 or 27 yeare, without any particular
expressions or speciall Tytle mentioned to take that River of
Delaware Bay from the Dutch, Not in soe much as St Edmond
Ploythen in former tyme would make vs belieue hee hath vnto
when it afterward did prove and was found out, hee onely sub-
reptiff and obreptiff hath somthing obtained to that purpose
which was invallid. And putt the Case the said my Lord
Baltemore or any other hath any Seeming Tytle to the afore-
said River or Delaware Bay then his lordship according to the
30" Article of peace and Confederacy should haue made his No. 53
repaire before the 18 of May 1652 to the Honno* Commis-
sioners appointed by both States a purpose for the Deter-
mination of such and the like differences as might haue bine
Comitted or transacted betweene the two Nations in the for-
raigne parts of the world ever since the yeare 1611 to the 18"
day of May 1652 after w™ tyme it is in plaine tearmes pro-
hibited and proclaimed that then noe pretences more should
be admitted. Jn obedience to which to proue the true meaneing
and interpretation of the aforesaid thirtieth Article by two
Evident Examples and Wittnesses of your owne Race and
Chiefest authority of the Republick of England) Wee say that
New England in those dayes claimeing also som intrest to our
limitts from their Side, And my Lord Protectors Shipps by
open warr send thither to subdue the aforesaid Province of
New Netherland at the other side Peace being Concluded
renounced and deserted vpon that Occasion their Designe and
went against the ffrench. So that the Right and Tytle the
Dutch Nation haue vnto their Province of the Netherlands
aforesaid ever since Moore and more stands conformed and
Ratified. But fforasmuch now motion is made and question
moved into our Westerne limitts, and haueing therevpon ob-
served and suspected the Bay of Chesepeake in the Vppermost
parts therof winding soe much to the North East to run about
Sassafrax and Elke River into our Lyne, wee therefore lay also
Claime to those parts vntill by Due Examination hereafter the
truth hereof may be found out or agreed and settled amongst
vs otherwise
Liber H. H
P- 5
>
374 Proceedings of the Council of Maryland, 1657-1660.
Lastly and finally to Conclude the Honno?* Governor
Generall and Councell of the New Netherlands aboue said
Doth Declare and manifest that like Wee at our Side never
haue intended any wrong or offence to the Province of Vir-
ginea, or now Maryland in the Bay of Chesepeake So wee
desire to Continue still with them in all neighborly amity,
Confederacy and freindship Saueing onely that Justice and
Satisfaction may be given as here demanded. Propounding
further by way of advice to prevent further mischiefe that three
Rationall persons in each Side may be Committed out of each
Province aforesaid for to meete at a Certaine day and tyme
about the Middle, of betweene the Bay of Chesepeake, and the
aforesaid Sowth River or Delaware Bay at a Hill lying to the
Head of Sassafrax River, and another River coming from our
River all most neere together, With full power and Commission
to settle there the bounds and limitts of, betweene the afore-
said province of the New Netherlands and the Province of
Maryland for Ever, if possible, otherwise to referr the Differ-
ence they might find not agreeing to both Lords proprietors
or Soveraignes in Europe, But in the meane while that all
further hostillity or infractions to each other may Cease and
not proceede further Soe that the honno’* Governor Generall
& Councell of the New Netherlands hereof assured further
Charges and Damages excused May call their Soldyors home
which vpon the Action or to defend their Province and Colony
aforesaid are onely sent thither and that Wee both sides ata
faire Correspondency may be kept as allwaies hitherto before.
_ By Denyall or refusall whereof Wee doe proclaime our
Jnnocency and Ignorance to all the World and Doe protest
Gennerally against all wrongs iniuryes Charges, and Damages
already sustained, and suffered, or as yet to be suffered & sus-
tained. Declaring and manifesting that wee are and shalbe
then necessitated and forced by way of recourse or Reprissaill
according to the 24 Article of peace to preserue maintaine, and
to hould our Right Tytle and Propriety of our aforesaid Sowth
River Colony, or Delaware Bay and our Subiects liues liberties
and Estates as God in our Just Cause shall strenigthen and
enable vs
Desireing this may be recorded and notified vnto all to whom
it in any way may Concearne with the true meaneing and
tennor thereof, and that a Speedy direct answere and Dispatch
may be given to vs in writting from yow the honno”* Governor
and Councell of the Province in Maryland for to be retourned
and recorded by our Honno"* Governor Generall & Councell
of the Province in New Netherland
And Soe wishing the Lord God Allmighty will Conduct your
honno*® both to all prudent results that Wee may liue neigh-
Proceedings of the Council of Maryland, 1657-1660. 375
bourly together in this Wilderness to the advancement of Gods Liber H. H.
Glory and Kingdome of Heaven amongst the Heathens, and 55
not to the Destruction of each others Christian bloud, whereby
to strenigthen the Barbarous Jndians nay rather ioyne in loue
and league together against them Which God our Saviour will
rant
S Written and Signed by our owne hands in the Province of
Maryland in Chesepeake Bay at St Maryes County and
Delivered this 6" Day of October Anno Domini 1659 in
patuxent
Augustine Herman
Resolued Waldron.
Which Declaration being read by the said Augustinus Her-
man and delivered to the Governor hee withdrew, and the
Councell resolued that the buisness be forthwith taken into
debate, & that they would haue ready an answere by Saturday
the 8 instant by fiue of the Clock in the afternoone and
aiourned till next morneing.
At a Councell held at Patuxent October the 7'* 1659.
The Governor ( Luke Barber
Present Secretary Coll Na: Vtie
Cap" W™ Stone Baker Brookes
M’ Thomas Gerrard ] | Ed LLoyde Esq’*
The Councell tooke the Declaration &c of the Dutch Embas-
sadors into consideration, and after long debate considering his
Lo’: Instructions and order were onely to giue the Dutch
warneing to be gon, that when wee are able to beate them out,
they may not plead Ignorance resolued that an answere be
given in writteing by way of letter directed to the Generall of
the Manhattans in these words (viz
Honno”*® Lords
Wee haue receiued your letters of Credence by the hands of
Ss Augustinus Herman and Resolued Waldron your Embas-
sadors. wherein as Wee find many expressions of loue and
amity, soe wee accompt our Selues oblieged to retourne yow
reall thankes in vnfoulding the Causes of that w it seemes
hath bene the reason of your astonishment and wonder, and as
the matter shall permitt giue yow that satisfaction which with
reason you can expect and which wee likewise shall exact from
yow in the rendring to vs as Substitutes of the Right Honno*
Czecilius Lord Baron of Baltemore, Lord and Proprietary of p. 56
this Province &c. That part of his Lo’s Province lying in
Liber H. H.
Pp: §
na!
376 Proceedings of the Council of Maryland, 1657-1660.
Delaware Bay to vs entrusted and by yow (as it seemes in-
iuriously seated in preiudice to his said Lops iust right and
‘Tytle.
“Mon answere therefore vnto your Demands by your said
Agents made. Wee Say that Collonell Nathaniell Vtie was by
Vs in pursuance of a Comand from the Right Honno”* the
Lord Proprietary ordered to make his repaire to a Certaine
People seated vpon Delaware Bay within the 4o* Degree of
Northerly latitude from the Equinoctiall Lyne to lett them
knowe that they were resideing within our Jurisdiction without
our knowledge much more without our License with out
Grant of Land from or Oath of ffidellity to his Lordship taken
Both which are expressly by his Conditions of plantation, and
lawes to all Comers here to inhabitt conditioned and enioyned,
And further to offer vnto them such Conditions in Case they
intended there to stay, as Wee our selues enioy. But in Case
of refusall and abode there made, to lett them knowe wee
should vse all Lawfull meanes to reduce them to that Obedi-
ence which all People within the Degree aforesaid are bound
to yeild vnto vs as intrusted with this Province by the Right
hoble the Lord Baltemore Sole and absolute Lord and Pro-
prietary of the same by Pattent vnder the Great Seale of Eng-
land bearing Date 20" of Iune in the yeare of our Lord God
1632 And since by Act of Parliament confirmed (a Copy
whereof wee haue shewed to your said Embassadors). And
since yow by your writteing as well as by your Embassadors
seeme to insinuate that the said Colony in Delaware Bay is
Seated thereby and vnder your Comannd Wee doe protest as
well against them and yow, as against all other persons
either Principalls or Abetters in the said Intrusion vpon our
Bounds and Confines. Our Damages and Costs in Due tyme,
and by all lawfull meanes to recover which wee either haue or
shall at any tyme hereafter Chance to Sustaine by the Recov-
ery of that place soe seated within our bounds and limitts, and
iniuriously by yow deteyned
The Originall Right of the kings of England to these Coun-
treys and Territoryes must be our Endevours to maintaine, not
our Discourse to Controverte or in the least our attempt to
yeild vp, as being that which wee can neither accept from any
other power, nor yeild vp to any other authority without the
Consent of our Supreame Magistracy their Successors in the
Dominion of England. Though Wee cannott but minde yow
that it is noe Difficult matter to shewe that your pretended
‘T'ytle to that parte of this Province where those people (now if
at all the first tyme owned by the High and Mighty States to
be in Delaware Bay seated by their Order and authority) doe
liue is vtterly none, and your Pattent (if you haue any) from
Proceedings of the Council of Maryland, 1657-1660. 377
the States Generall of the Vnited Provinces voide and of noe Liber H. H.
effect. And to those Instructions by vs deliuered tothe said
Coll" Nathaniell Vtie, soe much insisted on by yow Wee say
they are such as Every person inhabitant of this province
ought to take notice of, as being subscribed by the Secretary
of this Province, and to noe other Did wee giue them, or hee
make vse of them. Neither Can wee belieue the High and
Mighty States Gennerall &c. Doe thinke or will now owne
those People at Delaware Bay to be there seated by their
Authority since they haue heretofore protested to the Su-
preame authority then in England not to owne their Intrusion
vpon their Territoryes & Dominions. As to indebted persons
if any be here that are to yow engaged our Courts are open
and our Justice speedy, and denyed to none that shall demand
it of vs, w°? wee think is asmuch as Can in reason be expected,
And the selfe same Course wee take, and the onely remedy
wee affoord to our Neighbour Colony of Virginia and our
fellow Subiects and brethren of England. Thus hopeing
that yow will Seriously weigh the Consequences of your
actions, Wee rest in expectation of such a Complyance as the
Style yow giue yourselues imports haueing taught vs to sub-
scribe our Selues
Your affectionat freinds
and Neighbours.
And ordered that notice be given to the Embassadors to
attend their answere the next day according to former order
of the Board.
M*" after the answere agreed vpon the said Augustine
Herman and Resolved Waldron presented this following
paper vizt.
Vpon the Sight and viewe of my Lord Baltemores Pattent p, <3
this 7° day of October 1659 presented vnto vs by the Honno’*
Governor and Councell of Maryland.
To Say Reserued onely what the Honno’* Governor Gene-
rall and Councell of the New Netherlands in the behalfe of our
Lords proprietors and Soveraignes the High and Mighty
States Generall of the Vnited Provinces might haue to alledge
against it
Wee repeate and reply our former Declaration and mani-
festation the 6 of this Instant deliuered vnto the Honno'*
Governor and Councell of the province of Maryland. and say
further
That the Originall fundation of the aforesaid Pattent,
Sheweth and maketh appeare that my Lord Baltemore
has hath to his Royall Ma’ of England petitioned for a
Countrey in the parts of America which was not seated
Liber H. H.
378 Proceedings of the Council of Maryland, 1657-1660.
and taken vp before onely inhabited (as hee saith) by a
Certaine Barbarous people the Jndians. Vpon which
ground his Royall Ma‘ did grant and Confirme the
said Pattent
But now whereas our Sowth River of Ould called Nassaw
River of the New Netherlands (by the English sirnamed Dela-
ware) was taken vp appropriated and purchased by vertue of
Commission and Grant from the High and mighty States
Generall of the vnited provinces long before. Therefore is his
Royall Ma" intention and Justice not to haue given and
Granted that parte of a Countrey which before was taken in
possession and seated by the Subiects of the High and Mighty
States Generall of the vnited Provinces as is declared and
manifested heretofore. Soe that the Claime my Lord Balte-
mores Pattent speakes of, to Delaware Bay or a part thereof,
in severall other respects and punctuallity is invallid. Of
which wee desire that Notice may be taken actum as aboue
Augustin Herman
Resolved Waldron.
Which being read the said Augustin was asked whither they
had here any Pattent or Coppy of a Pattent from the States
Generall of the new Netherlands or not, to which hee answered
hee had not any. Wherevpon the Councell resolued to take
noe notice of that paper, and ordered the answere to be en-
grossed, and so aiourned till next Day three of the Clock
afternoone.
October the 8"
Present As yesterday.
The answere was tendred to the Councell but there being
some Errors in the Clarkes Copy aiourned till next morneing
October the 9'* present as the 7
The Embassadors being come the letter was signed by the
Governor, and by the appointment of the Councell by the
Secretary, in their name and Dated (vizt). Given at Patuxent
the 9 of October 1659, and soe delivered to the said Em-
bassadors.
[Correspondence with Virginia.]
Gentlmen.
Collll Scarburghes The Governor Comanded me transmitt his
lere to the Governor. Letter, and giue yow notice how I intended to
proceede in the present warr. That if yow also proceede therein
Proceedings of the Council of Maryland, 1657-1660. 379
it may be done to most advantage. I shalbe on my march ten Liber H. H.
daies hence, and doe intend to settle a Garrizon on the Sea
Side soe were as I may with Convenience to the head of Wic-
cocomoko River on the Easterne Shore, the Enemy is harder
to find then Conquer, therefore a necessity of Continuance in
the heart of his Countrey, that hee may neither plant Corne
hunt, or ffish soe make him poore and famish him. Course
must also be taken to prevent other Jndians from receiueing
those with whom wee warr, and for the present intend warr
with noe more then wee may well deale with
If yow thinke fitt to prosecute this Designe on the Easterne
Shore yow may informe yourselues of the Convenientest place,
which for soe much as I apprehend is the head of Wiccocomoko
River, and for the present it may be best onely to Designe
warr against the Assateges and to awe the Nanticocks and
Wiccocomico’s with Confederats that they neither aid nor
receiue the Assateges or Assistants, and the worke don with
them yow may giue what lawes yow please to Nanticoke, and
the rest, or if warr on them yow wilbe settled and knowne in
their Countrey soe better able to deale with them, yow may
expect all Complyance and aide from me that 300 men 60 horse p. 60
sloopes and other things necessary for warr may admitt, nor
shall J want for as many more to relieue these men, and Con-
tinuall supplyes, I presume your owne intrest and reasons
politicall will informe, that if now yow stand idle there is not
such another advantage to be hoped for beside ill Consequences
attending your neglect of this oportunity. Of which I pretend
not to advise yow, but if I may be any way Serviceable
Command Your very humble Servant
from Occahannock Edm Scarburgh.
this 28 of Aug. 1659.
For the honno’* Governor and Secretary
of Maryland. These.
St
Soimual Macuemes ees The Concearne of saftie depending on
Governor of Virginias lerr those persons in trust hath directed the
tothe towsrncr: Jntelligence of our present designes
against the Assatage Jndians and Confederats, which wee
haue accommodated with sufficient forces now presumeing the
advantage of this opportunity lying before yow reasons politicall
will press your Endevours to assault the Comon Enemy who
soe long triumphed in the ruines of Christian bloud the Warr
on the Sea Side wilbe on our parts prosecuted, and if the
Nanticoke and Confederats be the Subiect of your like Designe,
it may if not vtterly extinguish yet sufficiently Subiect the Jn-
Liber H. H,
p. 6
=
380 Proceedings of the Council of Maryland, 1657-1660.
solencies of those Indians who now despise the English honnour:
vse and improue this from
Your humble Servant
Aug 24" 1659. Samuel Mathewes.
For the honno”® Josias ffendall
Governor of Maryland. These.
Honnored S*
Thoiovetners Aish ere I haue iust now receiued a Letter of
to. the Gevernor of Virginia. yours, bearing date the a4i ole Anigust,
the Messenger affirming that the letter came but the last Night
to Nemeny so that it hath bine full a moneth in comeing from
yow thither: by which meanes it hath as yet hindred me from
shewing my readiness to ioyne with yow in a Designe soe
honno” as I hope this will proue which yow haue now in hand.
Yet because I am not willing rashly to run vpon any thing, and
especially the beginning of a Warr, Bee pleased not to take it
amiss, though I forbeare to giue yow my positiue answere what
I will doe vntill I haue first called my Councell together, and
with them considered what is fitt by vs to be don w® I will not
faile within ten dayes to doe, and then imediatly give yow
notice of our intentions: Till when and ever after assure your-
selfe yow shall find me both to your selfe and the Generall
Jntrest of Virginea
from my Howse in Mary- Your faithfull freind & Servant
land the 24" of September 1659. Josias ffendall
St
teste I haue Communicated yours of 24" of
ther answere tothe © August last together with the other by your
OveRnen oe! NiEzIBSs = Oreler, by Collonell Scarburgh written. 28
of the same moneth, vnto the Councell Vpon Consideration of
which, according to my promise I retourne yow this Answere,
first that it appeareth to vs onely that yow intend a Warr Vpon
the Assateg Indians, but the Cause of that Warr yow doe not
informe vs of, Next that Wee doe not find that either yow or
Collonell Scarburgh doe desire our assistance and but vpon
such request wee cannot see how wee without knowledge of
the Cause of your falling out can in iustice attempt any thing
against the Assategs vnprovoked or iniured. wherefore St Wee
shall desire that vpon your prosecution of the warr yow will
lett vs knowe your Resolution, the Cause of your Warr, and the
necessity yow shall haue of our Assistance, and vpon all honno”*
and iust occasions yow may be Confident of all due Complyance
with your Desires And Soe Rest
from Patuxent 9 of Your humble Servant
October 16509. Josias ffendall
For the honno?* Samuell Mathewes Esq’ Captaine
Generall & Governor of Virginea. these
Proceedings of the Council of Maryland, 1657-1660. 381
At a Councell held in the Resurrection
Mannor December 12" 1659.
The Governor \ Luke Barber &
Present Secretary. Baker Brookes \ cq
Resolued
That Writts shall issue out for summoning an Assembly to
meete on the Last Tuesday in ffebruary next, & that the writts
issue vnder the Seale of the Province
To the honno”* the Governor & Councell &c
The humble petition of John Abington on the
behalfe of Cap" Thomas Cornwaleys.
Sheweth
That the said Thomas Cornwaleys departing this Province,
did vpon the second of June 1659. Constitute Richard Hotch-
keys his whole and sole Attorney of the Estate of the said
Cornwaleys soe to dispose as by the said Letters of Attorney
is limitted and appointed now ready to be produced. That the
said Hodgkeys is since dead, and hath constituted and
authorized your Petitioner with the same power that hee him-
selfe had as by writting vnder his hand dated the 15 of
October last appeareth. That the said Cornwaleys by his
letter dated the 27" of Iuly to the said Hotchkeys directed
hath appointed your petitioner to receiue Tobaccoes for the vse
of him the said Cornwaleys
Now soe it is that the severall Debtors to the Estate
of the said Cap" Thomas Cornwaleys doe refuse to pay
any Tobacco to your Petitioner vpon the accompt of
the said Cornwaleys as not conceiueing him thereto
sufficiently impowered Wherefore your Petitioner desires
the Opinion of the honno”* Board, and such order vpon
Consideration of the whole matter as the same shall
require, and be for the Preservation of the said Estate.
And your Pet* shall pray &c.
Vpon reading of this petition of John Abington for and on
the behalfe of Cap* Thomas Cornwaleys, And vpon Consider-
ation that this Board is intrusted with secureing the Rights
(lying within this province) of all men, and of the letter of the
said Cap" Cornwaleys dated 27 of July in the petition men-
tioned. The Board doe allow the said John Abington as
sufficiently impowered by the said Cap Thomas Cornwaleys
for the receiueing and recovering any Tobacco or other
Debts due and owing to the Estate of the said Cornwaleys
Liber H. H.
p- 64
p. 65
Liber H. H.
382 Proceedings of the Council of Maryland, 1657-1660.
And Doe hereby Order him the said Abington to take and
receiue the whole Estate whither Servants Cattle Goods Horses
Debts or otherwise into his possession soe to order and dis-
pose of them as shall by Letters and Jnstructions this Yeare
receiued or to be receiued from the said Cornwaleys be ordered
and appointed
Locus x Sigilli By the Commissioners for ordering and
mannadging the affaires of the Admiralty & Navy
In Pursuance of an Order of his Highnes the Lord Protector
and Councell of the 23° of December 1658 These are to will
and require yow to permitt and suffer the Ship George of
’ Bantry in Ireland burden two hundred Tuns or thereabouts
whereof Jacob Van Slodt is Master, and Collonell George
Walters of Bantry aforesaid Daniell Arthur of London mar-
chant, Lancelott Stepney, and ffrancis Creagh of Ireland John
White & Andrew Creagh resident in Amsterdam, and ffrancis
Waters and ffrancis Arthur of Barbadoes are owners and
ffreighters, bound from Amsterdam to Virginia Barbadoes or
any other of the Caribda Jlands to Pass to any of the said
Places with her goods and Cargoe, and to retourne from
thence with the proceede of the said goods to England Amster-
dam or any other Porte in amity with this Commonwealth,
without any lett hindrance or molestation Whereof yow are
not to faile. Given vnder our hands and Seale at Whitehall
this Sixth day of Ianuary 1658
To all Captaines and Comanders Phi Jones Ed. Salmon
of ships in the service of this Comon- John Clerke Tho Kelsey
Wealth, and to all privat men.of Robert Beake.
warr and others whom this may
concearne.
Jnt Ro: Blackborne Sec'Y
This Pass is Registred in the high Court of the Admiralty
of England by order of the said Court this tenth day of lanuary
1658 English Style
Samuel Howe Deputy
Register.
Wm Hollineworth S' M' Hollinsworth hath desired of me leaue
to trade with the Jndians w® I haue graunted
him and doe by these authorize and impower yow to draw him
a Commission for that purpose as also to fix to it the great
Seale of the Province and to sett to it my name, which shalbe
Proceedings of the Council of Maryland, 16 57-1660. 383
as authentick as if J myselfe had don it Giuen vnder my hand Liber H. H.
this 16" day of January 1659
Josias Fendall
To Philip Calvert Esq"
Secretary of State.
A eeciitis7 ier atall Persons’ ce Greeting
trade &e, ~=———s« Cy ~ Wee reposing &c. in W™ Hollinsworth
Doe hereby Giue and Grant &c. provt in the
Licence to Coll" Nathaniell Vty vsque ad And we doe hereby
authorize & impower &c w™ was left out, Giuen &c the 25"
Day of January in the 28 yeare &c. Annoque Dm. 1659.
Wittnes. &c.
At a Councell held at Mt Robert Slyes howse
in Saint Clements Mannor in Saint Maryes
County on ffryday 2 Marcy 1659
The Governor Josias Fendall Esq’,
Phillip Calvert Esq’ Secretary
Thomas Gerrard Esquier.
Present: Coll John Price
Robert Clarke Esq’
Collonell Nathaniell Vtye
Baker Brookes Esq’
Doctor Luke Barber
Captaine Samuell Tilghman came and demanded his Admi-
ralty parte of the S' George of Amsterdam, Cap" Cooke vrged
he seized her, as having taken her, and Craues a Reference to
examine Wittnesses, Reference granted to the next Councell.
At a Councell held at Bushwood M*' Slyes howse on
Saturday the third of March 1659
Present as yesterday.
Came William Coursey Sherriffe of Calvert County, and
desired to be dismissed of his Office which was granted him.
Then was read his Lo* Letter directed to his Lieutenant
and Councell dated 12 of October, and directed to the Secre-
tary, touching the Mint as followeth. viz.
After my hearty Commendations &c. Haueing with great
paines and Charge procured Necessaries for a particular Coyne
to be Currant in Maryland, a Sample whereof in a peece of a
shilling a Sixpence and a Groate J herewith send yow, I recom-
mend it to yow to promote all yow can the dispersing it, and
by Proclamation to make Currant within Maryland for all pay-
Liber H. H.
p. 67
384 Proceedings of the Council of Maryland, 1657-1660.
ments vpon Contracts or Causes happening or arising after a
day to be by yow limitted in the said Proclamation, And to
procure an act of Assembly for the punishing of such as shall
Counterfeit the said Coyne, or otherwise offend in that behalfe
according to the forme of an Act recommended by me last
yeare to my Governor and Secretary, or as neere it as yow can
procure from the Assembly, and to giue me your advice next
yeare touching what yow thinke best to be further don in that
matter touching- Coyne, for if encouradgment be giuen by the
good success of it this yeare there wilbe abundance of adven-
turers in it the next yeare
M: Thomas Gerrard by his Letter this yeare to me, hath
informed that a Charge haueing bene put in against him in
the Court by my Atturney, and he ready to defend himselfe,
the Suite is Lett fall, which he saith is but a small satisfaction
to him, and desires my leaue to absent himselfe from the Coun-
cill, vntill he haue some reparation in his honnor, which is but
reason why hee should haue, and that he should not sitt in the
Councill while his reputation lyes vnder any blemish, there-
fore yow shall doe well, if hee shall desire it from yow, to
examine the Complaints that are against him, and according
to the meritt of the Cause acquitt or Censure him
To the End the Act touching Religion may be inviolably
observed both in the Provinciall and all inferior Courts of the
Province, J haue caused some coppies of it to be printed, and
sent Over to yow, one whereof J would haue sett vp in some
convenient place of the Roome where any Court shalbe held
in my Province sometyme afore the Court breake vp, And J
strictly require and enioyne you to maintaine that Act and pro-
ceede in all your Courts exactly according to it, and to see
that all Commissioners in their County Courts doe soe too.
J perceiue by some letters of this yeare that there is a ques-
tion moved by some whither ffellons goods are not included in
or vnder those words in the Grant of a Mannor (proffitts most
vsually belonging to Mannors in England) which because it
may perhaps come to be questioned in the Court there, I
thinke it fitt to preacquaint yow that ffellons are noe profhitts
either most vsually or at all belonging to any Mannor in Eng-
land in vertue of its being a Mannor, but is and must be
granted by speciall favor, and speciall words, and is many
tymes granted to some in other mens Mannors, and hereof |
require yow to take notice if ever the Cause should happen to
come afore yow.
As to the Dutch Prize I would haue noe further sentence or
Execution given in it till yow heare further from me, nor any
of the goods disposed of vnless it be such as are like to
suffer harme by keeping, and to dispose of them for the best
Proceedings of the Council of Maryland, 1657-1660. 385
advantage of them to whom they shall appeare hereafter of Liber H. H.
right to belong, and to keepe due accompt of what hath bene
or shalbe disposed of,
London 29 September Your very Loueing freind
1659. C Baltemore.
To Cap® Josias Fendall my Lieutenant of Maryland, and to
the rest of my Councell there.
Maryland.
J sent a Sample of the Maryland money with directions for
the procureing it to pass because J vnderstood by letters this
yeare from the Governor and yow and others that there was
no doubt but the people there would accept of it, w“ if wee
find they do, there wilbe meanes found to supply yow all there
with money enough: but though it would be a very great
advantage to the Colony, that it should pass Currant there,
and an vtter discouradgment for the future supply of any
more, if there be not a Certaine establishment this yeare and
assurance of its being vented and Currant there. yet it must
not be imposed vpon the people but by a lawe there made by
their Consents in a Gennerall Assembly, w* J pray faile not to
signifie to the Governor and Councill there together from me
by shewing them this letter from
London 12 October Your most affectionat
1659. brother
C: Baltemore
To my most affectionat loving brother Philip Calvert Esq’ at
Saint Maryes in Maryland.
At the same Councell the 5" of
March 1659. at M* Slyes howse in St
Clements Mannor in S' Maryes County.
Present Josias Fendall Esquier Governor, Philip Calvert
Esquier Secretary, Robert Clarke Esquier Thomas Gerrard
Esquier, Collonell Nathaniell Vtye and Baker Brookes Esq'
Jt is this day ordered (M* William Coursey being on Satur-
day last at this Court discharged of his Office of Sherriffe of
Calvert County) that the Commissioners of the County Court
of the said County doe giue the Oath of Sherriffe to M' Giles
Sadler well and truely to execute the said Office of Sherriffe of
that County till further order therein to the Contrary, and that
they take Security of him the said Sadler for his Comportmt
behaviour and iust execution of that his said Office.
p. 69
Liber H. H.
386 Proceedings of the Council of Maryland, 1657-1660.
At a Councell held at M* Slyes Howse
the 7th of March 1659.
Present Iosias Fendall Esquier Governor Philip Calvert Esq"
Secretary Robert Clarke Esquier Doctor Luke Barber, Baker
Brookes Esquier & Collonell Nathaniell Vtye.
The treasorer informed the Board that vpon makeing vp
his accompt with M‘ Gerrard about his Rent hee found a dis-
charge for one yeares Rent of Saint Clements Mannor giuen
by M's Margarett Brent and for one yeare before hand vizt
for the yeare to be ended at Christmas 1649 And Craued
iudgmt whither hee should allow it vpon the accompt or not.
And the Judgment of the Board was that he should allow
the said yeares Rent vpon the accompt of the said Thomas
Gerrard.
Czecilius absolute Lord and Proprietary of Maryland and
Avalon Lord Baron of Baltemore &c. To our Right Trusty
and welbeloved our Lieutenant of Maryland for the tyme being
And to the Rest of our Councill and other Officers Millitary or
Civill there Greeting Whereas Captaine James Neale hath
formerly beene an Jnhabitant in Maryland, But vpon certaine
occasions of his owne hath bene absent some yeares from thence,
and is now desireous to retourne thither againe with his family
there to reside Knowe yee that Wee doe hereby giue him free
liberty there to inhabitt and to possess any such lands as he
hath right vnto or Can lawfully Clayme there paying the Rents
and arreares of Rent due to vs for the same. And Moreover
Wee doe hereby giue him free liberty to enter into any of our
Ports there, and there freely to trade by himselfe or his Agent
or Agents with any ship or ships which hee may build or pro-
cure for Tradeing in those parts. Provided that at his or their
arrivall there hee or they repaire to yow our said Lieutenant,
and there Record his said Ship or Ships as Vessells belonging
to that Province. And that hee the said Captaine James Neale
or his Agent or Attorney pay such Duties as others vsually pay
for soe tradeing there And provided also that hee or his Agents
do not trade with any Jndian or Jndians in or through our said
Province without license first obtained for the same from yow
our said Lieutenant vpon such tearmes and conditions as others
pay and performe for such tradeing, Hereby willing and requir-
ing yow our said Lieutenant and Councill and all other our
Officers Millitary, or Civill within our said Province well and
truely to obserue and obey this our warrant and Comannd in
admitting and protecting the said James Neale or his lawfull
Agent or Agents in any lawfull Act or thing which they or any
Proceedings of the Council of Maryland, 1654-1660. 387
of them shall doe in pursuance of the premisses contained in
this our warrant. Given vnder our hand and greater Seale at
Armes this Nynth day of January in the Eight and twentieth
yeare of our Dominion over the said Province of Maryland
And in the yeare of our Lord God 1659.
Copia vera Ex* C Baltemore
p Cecill Langford.
Depositions concerning the Lord Baltemore.
20. June 1660.
Myles Cooke of London Mariner aged thirty six yeares or
thereabouts maketh oath that in Aprill last, Josias Kendall
Governor of Maryland under the Lord Baltemore, did rayse a
faction against his Lordship’s Jurisdiction there and endeavour
to change the Government into the forme of a Commonwealth
to the great prejudice of his Lordship’s Rights and the endan-
gering of a great deale of trouble and confusion among the
people there if not tymely prevented, which he knoweth to be
true he being Master of a shipp then trading there.
eo Miles Cooke
Sworne the 20" of June
1660.
Na. Hobart.
Samuell Tilghman of London Marriner aged forty... yeares
or thereabouts maketh oath, that about the latter end of March
last, Josias Kendall Governor of Maryland under the Lord
Baltemore did rayse a faction against his Lordship’s Juris-
diction there and endeavour to change the Government into
the forme of a Commonwealth to the endangering of a great
deale of trouble and confusion among the people there if not
tymely prevented, which he knoweth to be true, he being
Master of a shipp then Trading there.
Sam: Tilghman
Sworne the 29" of June 1660.
Na. Hobart.
Trustie and welbeloved Wee greet you well, Whereas it ap-
peares unto us by severall Depositions, That one Josias Fendall
late Governour under the Lord Baltemore of our Province of
Maryland hath raised a faction within the said Province against
the said Lord Baltemore’s rights and Jurisdiction there, Wee
therefore at the humble request of the said Lord Baltemore to
protect him in his just rights doe heereby will and require you
and every of you to be ayding and assisting to his Officers in
settling his Jurisdicton there, as it was in January last accord-
Liber H. H.
Peake O,;
Colonial
Papers, Vol.
XIV, No. 12
No. 12, 1
British Mu-
seum.
Egerton
MSS. 2542,
fol. 477.
388 Proceedings of the Council of Maryland, 1657-1660.
British Mu- ing to his Pattent of the said Province from our Royall Father
nee of Blessed memory, wherein you shall doe us acceptable service.
gerton : ‘
MSS. 2542, Given att our Court att White Hall the day of
fol. 477. in the twelfth yeare of our Reigne
To the Governour and Councell of
Virginia and to all Captaines and
Masters of shipps Trading to Maryland
and to all Magistrates and Officers
and other our Subjects in those parts.
CECILIUS CALVERT, LORD: BALTIMORE,
Proprietary.
PHILIP CALVERT,
Governor.
1660-1661.
[Commission to Governor Philip Calvert.]
Liber H. H:
Czecilius Absolute Lord and Proprietary of the Provinces of P- 74
Maryland and Avalon Lord Barron of Baltemore &c To all the
Jnhabitants and people in Maryland And to all others whome
theis presents shall come &c any way concerne Greeting
Whereas Josias Fendall late Constituted by vs our Leivetenn'
of Maryland hath contrary to his oathe and truste deserted his
said office & Surrendred his Com™ from vs for the same to a
pretended Assembly there and taken it from them, and other-
wayes raysed mutiny and Sedicon ag* our Governm* and Juris-
diccon there Knowe yee That wee have revoked and Determined
and by theis presents Doe Declare That wee Doe hereby
revoke and absolutely determine all former Com granted
vnto the said Josias Fendall concerning the Governm! of the
said Province as alsoe all form’ Com’ to any other person or
persons to be of our Councell there And haue thought fitt to
Constitute nominate and appoynte And Doe hereby constitute
nominate and appoynte our Deare Brother Philip Calvert Esq'
our Leivetenn' and cheife Governor vnder vs of our said
Province To haue and to hould the same during our pleasure
in as ample manner to all intents and pourposes as was formerly
Granted by vs vnto Captaine William Stone or the said Josias
Fendall And wee doe hereby further authorize our said Brother
to nominate Constitute and appoynte from time to tyme such
and soe many to be of our Councell of our said Province as he
shall thinke fitt, and to have the like and as ample authority
priviledges and advantages as those of our councell formly had
there till Wee Declare our pleasure to the Contrary And wee
Doe further hereby authorize our said brother to appoynte such
person or persons for whome he will be responsible as he shall
thinke fitt to be our Secretary and Receivor Generall there for
the p’sent till our pleasure be further knowne therein and to
Cause all Rents arreares of Rents and all other dues belonging
to vs in our said Province to be for our vse Demanded leavyed
and payd to our said Receivor soe to be nominated and
appoynted by our said Brother and to be afterwards disposed
off according to such Instruccons, or Direccons as wee haue or
shall give to him our said Brother for that purpose Given vnder
our hand and Greater Seale at Armes the foure and twentyth
Day of June in the nyne.and twentyth yeare of our Dominion
Liber H. H.
P-7
OV
392 Proceedings of the Council of Maryland, 1660-1661.
over Maryland And in the yeare of our Lord God One thousand
Six hundred and Sixty.
C Baltemore
Entries made since the honno’” Philip Calvert
Esquier came to be Gouernor of this Prouince.
Czecilius absolute Lord and Proprietary of the Provinces of
Maryland and Avalon, Lord Baron of Baltemore &c To our
Right Trusty and welbeloued Collonell William Euans
Knowe yee That Wee reposing Especiall Trust and confi-
dence in the good Conduct vallor Dilligence and integrity of
yow Collonell William Euans, Doe hereby nominat Constitute
and appoint yow the said Coll William Euans Collonell of the
traynd bands in Saint Maryes County in the said Province of
Maryland. Giueing and hereby Granting vnto yow the Said
Coll William Euans full power and authority to take and
receiue the said Charge and imployment upon yow and the
same to haue hould vse exercise and enioy in as large ample
and benneficialkmanner as the said Collonell John Price or any
other Collonell of the said Regiment heretofore vsually exer-
cised and enioyed the same Together with all proffitts Rights
and bennefitts thereunto belonging, And yow are to obserue
and obey such further Orders and Jnstructions as yow shall
receiue from vs, or our heires or our Lieutenant or other our
Officers there Commanding in Chiefe in our absence from
tyme to tyme. Giuen vnder our Privy Signett the 31 day of
October in the Nyne and twentith yeare of our Dominion over
the said Province of Maryland Annoque Domini 1660 Wittnes
our Trusty and welbeloued Brother Philip Calvert Esquier our
Lieutent of our said Province of Maryland
The like then was made and deliuered to Lieutenant Collonell
John Jarbo to be Lieutenant Collonell of the said Regiment.
By the Gouernor of Maryland
Whereas Josias ffendall hath contrary to his Trust raised
Sedition within this Province endevouring asmuch as in him
lay the Disherison of his Lop the Lord Proprietary thereof.
His Lop well knowing Noe people can long liue in Peace with-
out Governm' and studdying the peace of the Jnhabitants of
this Province hath constituted me his Lieutenant thereof Jn
pursuance of which power soe to me Committed. J Doe
hereby Comand all persons whatsoeuer within this province to
yeild their ready obedience vnto me his Lieutent here, as they
shall answere the Contrary at their perills Giuen at the Jndian
Quarter nere Newtowne this Nynteenth day of Nouember 1660
a
Proceedings of the Council of Maryland, 1660-1661. 393
[Proclamation of Charles II.]
By the Gou" & Councill of Maryland
jtnother procdama- Although it Can noe way be doubted, but
. “"s* that his Mat Right and Tytle to his Crownes
and kingdoms is and was every way compleated by the death
of his most Royall father of Glorious memory without the
Ceremony or Sollemnity of a Proclamation. Yet Since Procla-
mations in such Cases haue bene allwaies vsed To the End
that all good Subjects might upon this Occasion testify their
Duty and respects, And since the armed violence and other
the Calamities of these many yeares last past haue hitherto
depriued vs of any such Opportunity wherein wee might
express our loyalty and allegiance to his MaY Wee therefore
the Gouernor, and Councill of this Province of Maryland, and
other his Ma"* loyall Subiects here present By the speciall order
and authority of the Right honno’* the Lord Proprietary of this
Province, Doe according to our duty and allegiance, heartily
ioyfully and vnanimously acknowledge and proclaime, that
imediatly upon the decease of our late Soueraigne Lord Kin
Charles the Jmperiall Crowne of the Realme of England and
of all the kingdoms Dominions and Rights belonging to the
same Did by inherent birthright, and lawfull and vndoubted
Succession descend and come to his Most Excellent Maty
Charles the Second as being lineally, iustly and lawfully
next heire of the bloud Royall of this Realme, And that by the
goodnes and providence of All mighty God Hee is of England
Scottland ffrance and Jreland the Most: Potent Mighty and
Vndoubted King Defender of the faith &c, And therevnto
Wee most humbly and faithfully doe submitt, and obliege our
Selues our heires and Posterities for Euer Dated the Nynteenth
day of Nouember 1660.
God Saue the King
and the Lord Proprietary
Philip Calvert.
These are in the Lord Proprietaryes name to will and p.
require yow to warne the Jnhabitants of the Jsle of Kent
County to appeare at the Court howse on the said Island,
where yow are to publish the Proclamation of King Charles
the Second, as also to publish the other Proclamation which
requires the Peoples Obedience to the Lord Proprietaryes
Gouernment vnder me his Lieutenant. And for soe doing this
shalbe your warrant Giuen at Saint Maryes this 23 of No:
1660
Philip Calvert
To the Sherriffe of Kent
County.
Liber H. H.
Liber H. H.
394 Proceedings of the Council of Maryland, 1660-1601.
Philip Calvert Esquier Gouernor of this
Prouince of Maryland
To Baker Brook, John Bateman and Henry Cousey gent.
Greeting.
Whereas by Commission from the Right honno?* the Lord
Proprietary of this Province of Maryland to me directed for
the Government of the same thereby giuing me power to
appoint Councellors Maiestrats and other Officers for the
Conservation of the Peace and Gouernment of the said Pro-
vince Jn pursuance whereof J doe appoint yow the said Baker
Brookes, John Bateman and Henry Coursey to be of his lo?
Councill of State for this Province And doe hereby Giue full
power to yow, and euery of yow to issue writts and award
process in all matters relateing to the good Gouernm‘ of this
Province And J doe also Giue to yow and euery of you
full power to Act and Doe all manner of thing and things
which vnto the Office of a Justice of Peace doth belong Giuen
at Saint Maryes this 23" of Nouember 1660
Philip Calvert.
yow are to sumon all persons able to beare armes betweene
Hugh Hopewells and Barnaby Jacksons to come with yow to
my howse tomorrow being the 28'* Nouember with their
Armes. Giuen vnder my hand and Seale this 27'* of Nouember
1660 :
Phil: Cavert.
To Richard Collett
Captaine Thomas Brookes haueing a good prooffe of your
fidellity and readines to doe my brothers service in preseruing
the Countrey in peace. J doe hereby order yow to raise the
greatest number of men yow can,and w' them to march away
to the Mill imediatly where yow shall receiue further order
from me
The like to Captaine Odbvr
The like to Lieutenant John Bogue.
By the Gouernor of Maryland
Whereas his Ma'Y by his letter bearing date the third day of
luly in this the twelth yeare of his Raigne hath bene graciously
pleased to Comand all Magistrats and officers and all other
his Subiects in these parts to be ayding and assisting to the
ReEstablishment of his lo®® iust Rights and Jurisdiction within
this Province, A Coppy whereof J herewith send yow, Jn pur-
Proceedings of the Council of Maryland, 1660-1661. 395
suance of his Mats said letter and the Commission to me Liber H. H.
thereupon directed. These are in the name of the Lord Pro-
prietary to will and require yow forthwith to make your repaire
to the howse where the Court hath vsually bene kept in
Charles County, and there to reade, or cause to be read
openly the said letter from his Ma’ Together with the Procla-
mation of his Ma‘’ and afterwards those other two for comand-
ing Obedience to his lo’**Gouernment vnder me his Lieutenant
here, and of Pardon to the Jnhabitants of Charles County And
for soe doing this shalbe your Warrant Giuen vnder my hand
and Seale this 27" day of Nouember 1660 Yow are to make
retourne of this Warrant within ffower and twenty howers
after yow haue executed it
To M' William Barton Phill Calvert.
Which Commission was retourned executed.
[General Pardon.]
Proclamation P- 79
By the Gouernor & Councill of Maryland
Whereas Josias Fendall late Gouernor of this Province of
Maryland hath contrary to his Oath and Trust raised Sedition
against the Gouernment of the Right honno’® the Lord Pro-
prietary, And whereas the King’s Most Excellent Ma’Y in pro-
tection of his Lo® iust Right hath bene Graciously pleased by
his Letters directed to the Gouernor and Councill of Virginea
and to all Captaines and Masters of Ships tradeing to Mary-
land And to all Magistrats and Officers, and other his Mat
loyall Subiects in these parts to require them to be ayding and
assisting to his Lors Officers in the settlment of his Lo?s Juris-
diction here, ffor avoiding of Bloudshed, And least apprehen-
tion of Guilt and punishment should engage persons otherwise
Capable of his Lo’’ mercy in Second and vnpardonable
Crymes, J Doe hereby in his lordships name Proclaime a ffree
and Gennerall Pardon to all persons now inhabiting and
residing within Charles County who were ingaged in the late
Mutiny and Sedition for any Cryme by them Committed in
the said Mutiny (Except Josias ffendall and John Hatch, Pro-
vided they Doe imediatly Submitt to his lordships Government
now established vnder me his lordships Lieutenant and other
his Officers here Giuen at Saint Maryes vnder my hand this
27" day of Nouember 1660
God Saue the Lord Proprietary
Philip Calvert.
Liber H. H.
p. 80
396 Proceedings of the Council of Maryland, 1660-1661.
[Proceedings in Fendall’s Case. ]
At a Councell held at Saint Maryes the 29" of Nouem. 1660
Present
Philip Calvert Esquier Gouernor, Henry Coursey Secretary,
Robert Clarke and Baker Brooke Esquiers
Then Came Josias Fendall and submitted himselfe to the
Gouernment of the Lord Proprietary, and professed to doe for
the future what lay in his power for the settlment of the
Countrey in Peace.
Whereupon he being Ordered to withdraw the Gouernor
produced his lo? letter of the 24 of August, and out of it
read his directions for the proceeding of the Gouernor &
Councill agt the said ffendall and his Complices (vizt)
Touching your proceeding with ffendall and his Complices
J would haue yow proceede against such of them as yow shall
not thinke fitt to pardon, by inflicting upon them paines of
death or any other punishment as the Prouinciall Court shall
adiudge, yea, if there be neede yow may proceede against
them by Martiall lawe, and in a Court Martiall, and upon no
tearmes to pardon ffendall so much as for life, nor if yow can
doe it (without hazarding the regaineing of the Province, to
pardon so much as for life any of those that sate in the Coun-
cell of warr at An Arundell, and Concurred to the Sentence of
death against M* Eltonhead, or other of my honest freinds then
and there murthered, and haue now againe engaged against
me in this Second Rebellion, but to doe Justice upon them,
and J shall iustify yow in it, And if yow shall thinke fitt to
pardon Gerrard or Hatch for life or Member, yet not to pardon
either of them for loss of Estate or bannishment out of the Pro-
vince vnless yow find it necessary for the Resettlment of my
Right, and the publick peace there, And this J hope is a posi-
tiue directions, and such J haue bene allwaies carefull to giue
as nere as J could Soe as J knowe not what they meane that
Say J use to leaue my selfe a hole to gett out at, for in direc-
tions at this distance somthing wilbe allwaies fitt to be left to
the discression of them upon the place, and the way which
upon such reasons is at any tyme left by me to their discressions
is left to them not to myselfe. Jf yow cannott otherwise reduce
ffendall I thinke yow may do well by proclamation to giue a
considerable reward to any that shall bring him aliue, or his
head to yow to be paid out of his Estate, or rather then faile
out of my Revenue there, And the like for Gerrard or others
as yow shall see Cause, But for the Gennerallity of the People
excepting the persons abouementioned I thinke yow shall do
well and I will haue yow to proclaime a Gennerall Pardon to
all of them that shall submitt to my Jurisdiction there forthwith
Proceedings of the Council of Maryland, 1660-1661. 397
upon the publication of the said Proclamation, and not Act any Liber H. H.
thing afterwards against it, or my Right there.
After which they tooke into debate what was fitt to be don
with the said ffendall, considering his former Crymes, and som
bad expressions of the said ffendall in a letter to the Gouernor
dated 20'* of Nouember implyedly menacing force, if hee might
not haue such tearmes as he in his letter to the Gouernor pro- -
posed as also of some other words lett fall by the said ffendall
since his, coming downe to Sainst Maryes to Nicholas Young
and John Abington gentlmen Sauouring of force intended by
him, and after matters fully argued it was putt to the Vote
vizt)
Whither shall the said ffendall be Committed Prisoner to the
Sherriffe or not
And it was Voted by the Board in the affirmatiue.
Whereupon it is Ordered that the said ffendall be committed
to the Custody of Nicholas Guyther Sherriffe of Saint Maryes p. 81
County, there to be detained Close prisoner till further order
from the Gouernor and Council
Czecilius absolute Lord and Proprietary of the Provinces of
Maryland and Avalon, Lord Baron of Baltemore &c. To the
Sherriffe of Saint Maryes County Greeting: Whereas Josias
ffendall hath contrary to his Oath and Trust raised Sedition
within this Province, And notwithstanding his Ma" Letter
comanding the restitution of vs to our iust Rights according
to our Pattent, hath by word and letter vnder his hand im-
plyedly menaced force ag* our Government within this Province,
And being otherwise a dangerous person not fitt to be at
liberty in these distracted tymes, Wee will and Comand yow
therefore to receiue into your Custody the said Josias ffendall
there to remaine vntill further Order from our Gouernor and
Councill. Wittnes our Deare brother Philip Calvert Esquier
our Lieutenant of our Said Province of Maryland the 29" day
of Nouember 1660
Philip Calvert.
[Letter of Governor Calvert to Governor Berkeley.]
St
Jt is not long since J receiued the enclosed with Comand
from my brother Baltemore to see them speedily Conveyed
vnto yow, Which if J haue not done with the expedition
required J assure yow J haue less satisfied my owne desires
then his Comands which haue allwaies bene to haue appeared
early in the Congratulations of his Ma‘ reinthronement, and
your owne restauration to the Gouernment of Virginea, But as
p. 82
Liber H. H.
398 Proceedings of the Council of Maryland, 1660-1661.
the distractions of this Province haue hitherto denyed me that
satisfaction, So haue they now left me doubly oblieged to a
sinceare and hearty demonstration of Joy and thankfulnes in as
much as they haue ended without bloud, and w* little shewe
of force imediatly on sight of the enclosed from his Sacred Mat
directed to yourselfe and Councill of Virginea. Of whose
‘ readines to Comply with his Mats pleasure both the Mutiners
and my Selfe did so little doubt that they chose rather to sub-
mitt to mercy then to obliedge me by a resistance -to Craue
ayde from yow, and J deferred till now my request of assistance
when neede shall require.
That tyme J hope is farr of, And therefore J shall preferr a
Petition of another nature, and request that yow will please to
lett me knowe what it is J can doe in these parts that may
meritt the Style of Service to yow, either in your publick or
privatt Capacity, that by putting your Commands in Execution
J may satisfie myselfe that J haue complyed with my greatest
Obligation as Governor of this Province the endevouring the
welfare and plenty of it, Jt hath allwaies bene one of the strictest
Jniunctions from my brother to his Gouernors here to maintaine
a good Correspondence with yow, and am sorry to find that all
their Neglects are left to be made good by me, but since it is
soe J am the better satisfied that J haue to doe with the person
of greatest meritt and honnor that euer governed in Virginea
who J hope will belieue that I am as J subscribe myselfe his
from St Maryes 14 Dec. faithfull & humble Seruant
1660 Philip Calvert
A license was granted by the Gouernor to fiue Jndians
(vizt) Winand, Naquotick Vnachanataw, Meughcam, &
Quandawwaghweigh to hunte Rakone, Wolues and other wild
beasts:
26 Dec.
[ Denization of Herman. ]
Cecilius absolute Lord and Proprietary of the Provinces
of Maryland and Avalon Lord Baron of Baltemore &c. To
all Persons to whom these presents shall Come Greeting
in our Lord God Euerlasting. Whereas Augustine Her-
man late of Manhatans Marchant haueing of long tyme used
the trade of this our Province hath besought vs to grant vnto
him leaue to transporte himselfe and family into this our Pro-
vince here to inhabit, And for our satisfaction and the benne-
fitt of trade hath drawne a Mapp of all the Riuers Creekes
and Harbours therevnto belonging Know yee that Wee
willing to giue due encouradgment to men of his profession,
and to reward all such as haue well deserued from vs Doe
Proceedings of the Council of Maryland, 1660-1661. 399
hereby Declare him the said Augustine Herman to be a free Liber H. H.
Denizen of this our Province of Maryland, And Doe further
for vs our heires and Successors straightly Enioyne Constitute
Ordaine and Comand that the said Augustine Herman be in
all things held treated reputed and esteemed as One of the
faithfull People of vs our heires and Successors borne within
this our Province of Maryland, And likewise any lands Tene-
ments Revenues Services and other hereditaments whatsoeuer
within our Said Province of Maryland may inheritt or other-
wise purchase receiue take haue hould buy and possess, and
them may occupy and enioy giue Sell alien and bequeath, as
likewise all Liberties, ffranchises and Priviledges of this our
Province of Maryland freely quietly and peaceably haue and
possess occupy and enioy as our faithfull People borne or to be
borne within our said Province of Maryland without the lett
molestation Vexation trouble or Grieuance of vs our heires
and Successors any Custome to the Contrary hereof in any
wise notwithstanding. Given at Saint Maryes Vnder the Great
Seale of our said Province of Maryland the ffowerteenth day of
January in the Nyne and twentieth yeare of our Dominion
over the said Province of Maryland Annoque Domini One
thousand Six hundred and Sixty. Wittnes our Deare brother
Philip Calvert Esquier our Lieutenant of our said Province of
Maryland.
PC:
Philip Calvert &c. To Luke Gardner Greeting as in the
Com" to Lt John Jarbo fo: 24 mutatis mutandis, (Onely this
vizt) Appoint yow Lieutenant vnder Coll W™ Euans of the
foote Company by him to be raised betweene Wiccocomako
Riuer and Brettons Bay excluding the East Side of the said
Bay, them to &c. Giuen vnder my hand and the lesser Seale
of this Province this 28 of January in the 29" yeare of his
Lor’ Dominion over this Province Annoque Dm 1660.
[Proceedings in Fendall’s Case. ]
These are in the name of the Right honnorable the Lord p. 84
Proprietary to will and require yow to warne Josias ffendall
and John Hatch forthwith to come with yow to make their
appearances before me to the Prou" Court according to their
seuerall and respectiue bonds giuen to his Lo? bearing date the
30! day of Nouember and Eight day of December 1660
Giuen vnder my hand and Seale the 28'* day of January 1660.
P: C: locus x Sigilli
Liber H. H.
p. 81
400 Proceedings of the Council of Maryland, 1660-1661.
At a Councill held at Saint Maryes 30 January
1660. Present as yesterday.
Josias ffendall Came and tendred M‘ Henry Meese mar- |
chant Security for his quiett behauiour, and to appeare to
answere at the Prouinciall Court
Ordered
That in regard he rendred himselfe Prisoner and of his
present Sickness the said Security be taken.
W* was taken accordingly, as by the Recognizance to that
purpose more at large appeareth
Warrant issued to Daniell Clocker to keepe in safe Custody
John Hatch untill he giue in Security to appeare before the
Gouernor the next or any other Prou" Court to answere such
matters as shalbe obiected against him on the behalfe of the
Lord Proprietary. when he shalbe calld thereunto.
And afterwards Jt was thought fitt by the Gouernor to sett
him at liberty. Hee giueing in Security and entring into Re-
cognizance for his apparance at the next or any other Prouin-
ciall Court when notice shalbe giuen him to answere such
matters as shalbe obiected agt him on behalfe of his lop.
And accordingly on the 8 of December 1660. Collonell
Iohn Price William Wilkinson and the said John Hatch entred
into Recognizance of 2000! each of them for the appearance
of the said Hatch as by the said Recognizance at large
appeareth
Proclamation.
By the Governor of Maryland.
Whereas William ffuller commonly knowne by the name of
Cap" W™ ffuller hath for some yeares bin knowne to be a vio-
lent Jncendiary and Seditious -pson disturbing the Peace of the
Province and endevouring the disherison of his Lo? the Right
honno’* the L* Proprietary thereof,
And fforasmuch as the said W™ ffuller doth priuatly lurke
and Obscure himselfe in vnknowne places J haue thought fitt
to make the same publickly knowne to ail persons and do
hereby require and Comand all and singular the good People
of this Province Sherriffes Constables and other his lo™
Officers both Millitary and Ciuill to be dilligent in inquiring
Searching forseizing & apprehending him the said W™ ffuller
in all places whatsoeuer whom if they shall happen to take J
doe hereby further require them that they can se him soe
apprehended to be Carryed to the next Justice of the Peace
Proceedings of the Council of Maryland, 1660-1661. 401
whom J doe hereby straitly Comand securely to keepe him in
prison, and presently informe some one of his Lo?s Councill of
_ his apprehention that so he may be safely conveyed to me to
S' Maryes
And J doe hereby further declare and publish that if any
person or sons after this Proclamation published conceale
harbour or maintaine him the said W™ ffuller, or shall Contriue
or Connive at any meanes whereby he may escape from being
taken or arrested or shall not use their best endevour for his
apprehencon as well by giuing advertisment as by all other
good meanes J shall (as there is iust cause, proceede agt them
with all Seuerity Giuen
Com? issued for Captaine Thomas Manninge
to be Cap? of all the forces betweene the Coues
of Patuxent Riuer and the Herring Creeke according to the
forme of a Com" for a Captaine of foote giuen to Cap" Euans
fo 23 appeares Giuen vnder my hand & his lo®s lesser Seale of
this Province the 31 day of January &c 1660.
Capn Tho: Maninge
See Com® likewise was drawne to L' ffrancis Arm-
* strong to be Lieutennant to Cap" Tho: Manninge
according to the president fo: 24 Giuen vt Supra.
eae The like Com" for a Lieutenant was granted
as to Lt Randle Hanson to be Lieutent vnder Lieu-
tenant Collonell John Jarbo of the foote Company from Brittons
bay to St Georges Riuer exclusiuely. dated ut Supra.
Whereas there hath beine some differences betweene Symon
Overzee late of Saint Maryes deceased, and Augustine Herman
marchant for the ending of which differences by way of arbi-
tration seuerall bonds haue bene giuen by Elizabeth the Relict
of the said Symon, Henry Meese marchant and John Price
gent as J am informed, and whereas the said Bonds are
alleadged to be forfeited for non performance of the award,
and Suite Commenced by the said Augustine against the said
Elizabeth Henry Meese and John Price, and now depending in
the Prou" Court. And whereas the said Augustine Herman
hath made Complaint to me that one or all of the said bonds
are detained from him by Robert Slye gentlman Vmpire in the
said Arbitration mutually chossen desiring to haue warrant to
haue the said bond or bonds deliuered vnto him thereby to
makevhis demand good in Court to the end that Justice may
in the said cause be don impartially J doe hereby in the name
of the Lord Proprietary will and require yow to make your
repaire vnto the howse of the said Robert Slye and there to
Liber H. H.
Liber H. H
fon)
402 Proceedings of the Council of Maryland, 1660-1661.
make demand of and receiue the said bond or bonds giuen by
the said Elizabeth Relict of the said Symon Overzee to the said
Augustine Herman, and now in the possession of the said
Robert Slye (whom J do hereby require to deliuer the same
vnto yow) and the same soe receiued in your Custody safely
to keepe till yow shall deliuer it to Peter Bathe Clarke of the
Prou" Court by him to be deliuered to the Court when the
Said Cause shalbe heard. Giuen vnder my hand this first day
of ffebruary 1660
PC
To Nicholas Guyther Sherriffe
of Saint Maryes County, or
his Deputy:
Commission issued to Captaine Christopher Russell to be
Captaine of the Company in Charles County late under the
Comand of Cap" John Jenkins &c Giuen vnder my hand &
lesser Seale of the said Province &c the 7" day of ffebr 1660
ae
Com" issued to Cap* Thomas Brookes to be Maior of the
Regiment now under the Comand of Coll" W™ Euans and
power to inlist for his owne Company such and so many of the
Jnhabitants from George Reads on the Sowthside and St
Leonards Creeke on the Northside to the head of Patuxent
Riuer, as hee shall thinke fitt Giuen &c Vnder my hand and
lesser Seale of the said Province this 11‘ day of ffebr 1660.
with power to choose his owne officers of his ffoote Company.
Com” issued to Cap John Odber to be Cap? of all the forces
from St Leonards Creeke to the Coues, on the North side of
Patuxent Riuer and from George Reads to Cedar Point on the
Sowth Side. Giuen vt supra the 11" day of ffebruary 1660
Ps@:
[Emperor of Pascattoway. ]
Memorandum that vpon the 20" of December in the yeare
of our Lord 1660 Came the Brother of Vttapoingassenem
accompanyed w't the Greate men of Portoback Nangenaick
and other the Indians Inhabiting that Quarter Nyne in number
to me Philip Calvert Leivetennant and cheife Governor of the
Province of Maryland to desire of me the Continuance of the
peace formerly made with Weghucasso late Emperor of Pas-
cattoway, tendering alsoe a present from Vttapoingassenem
the present Emperor in token of his perfect freindship, where-
Proceedings of the Council of Maryland, 1660-1661. 403
vpon I Desired him to knowe how Vttapoingassinem came to
be King whether by Succession or Election? or by what other
tytle to which he answered by the Interpreter M* Thomas
Mathews setting forth the tytle of their Kings in this manner
vizt
That long a goe there came a King from the Easterne
Shoare who Comanded over all the Jndians now inhabiting
within the bounds of this Province (nameing every towne
severally) and also over the Patowmecks and Sasquehannoughs,
whome for that he Did as it were imbrace and cover them all
they called Vttapoingassinem this man dyeing without issue
made his brother Quokonassaum King after him, after whome
Succeeded his other brothers, after whose death they tooke a p.
Sisters Sonn, and soe from Brother to Brother, and for want of
such to a Sisters Sonne the Governm' descended for thirteene
Generacons without Jnterrupcon vntill Kittamaquunds tyme
who dyed without brother or Sister and apoynted his daughter
to be Queene but that the Jndians withstood itt as being Con-
trary to their Custome, wherevpon they chose Weghucasso for
their King who was descended from one of Vttapoingassinem
brothers (But which of them they knowe not) and Weghucasso
at his death appoynted this other Vttapoingassinem to be King
being descended from one of the first Kings this man they
sayd was Jan Jan Wizous which in their language signifyes a
true King. And would not suffer vs to call him Tawzin which
is the Style they give to the sons of their Kings, who by their
Custome are not to succeede in Rule, but his Brothers, or the
Sons of his Sisters
After this they made knowne to me the danger they were
in of the Janedoa Jndians or Cinigos whoe are a potent nacon
and had lately killed five of their men and threatned their
Forte for being freinds to vs and the Sasquehannoughs whoe
are at warre with the said Janedoas or Cinigos wherefore they
desired that for pay they might have foure English men to
helpe them make their Forte, To which J replyed that J would
call the Councell and after advice with them J would come vp
to Portoback and there send for them and Give them my
Answere
Ceeciltus absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Barron of Baltemore &c To our
trusty and welbeloved Thomas Manning Gent. Vpon the
speciall Confidence and truste wee repose in yo” Wee doe
hereby Constitute ordayne and appoynte yo" to be our Attorney
Generall all persons in all Causes as well Criminall as Civill to
sue poursue prosecute and Implead and in our name all Suites
against vs Comenced to answere as fully and amply as any
Liber H. H.
Liber H. H.
p. 88
404. Proceedings of the Counctl of Maryland, 1660-1661.
Attorney Generall may doe Given at S‘ Marys vnder the lesser
Seale of this our Province of Maryland this twentyth Day of
February 1660 Wittness our Deare brother Philip Calvert Esq‘
our Leiuetennant of our said Province of Maryland.
At a Councell held at Saint Marys 26° Februarij 1660
The Governo' M’ Baker Brooks
Present The Secretary M’ Ed. LLoyd.
Mr’ Robert Clarke ) M* J° Bateman
To the Right hono”* Philip Calvert Esq Governor
of the Province of Maryland and the hono?*
Councell :
The humble petition of Joseph Wicks Thomas Hinson
and Samson Waring
Most Humbly Sheweth
That as it is not vnknowne vnto yo" Honno* that yo’ petitioners
was Members of the Assembly in March last past And however
the transaccons was carryed on in any kind ellegall itt was vn-
doubtedly knowne to yo’ Honors, that it was plotted and Con-
trived before the Assembly was called, by persons in such power
that it was beyond our Capacityes to oppose although our Jn-
clinacons and actings was intended to prevent such mischevious
designs, And therefore doe most humbly request yo" honors to
make the most favourable Constructions of such thinges as yo*
Honors may conceive wee may be Justly charged with And in
Clemency to remitt our offences in any Kind wherein wee are
Guilty, whereby yo" Honnors will for the future binde and
Jngage yo" Petitioners in such ferme Bond & of Due obedience
as to the best of our poore abillityes in any thing that wee may
or ought to Serve yo" Honors in, And be willing to our abillityes
to pay vnto yor Honor the Sume of five thousand weight of
tobacco towards his Lordships charge Susteyned
And as in bound shall ever pray
Joseph Wicks
Thomas Hinson
Samson Waring.
Vpon Serious Consideracon whereof the Councell ordered
(vizt)
That they the Petitioners shall be debarred for seaven
yeares from beareing any Publike office in this Province
and shall be Jncapable to Elect or to be Elected as Burgesses
to any future Generall assembly in this said Province Vnles
the pera shall thinke fitt within the said tyme otherwise
to order
Impr.
Proceedings of the Council of Maryland, 1660-1661. 405
2 That the said Peticon's doe give bond of ten thousand Liber H. H.
pounds of tobacco a peece for their Good behaviour to the
Governem! for one whole yeare and a day
3 That the said Peticon™ pay at the next Crop two thousand
pounds of tobacco a peece to the Lord Proprietary
To the hono?* the Governor and Councell
of this Province of Maryland.
The humble peticon of William Burgess
Most humbly Sheweth
That Whereas yo' peticon’ being Elected Burgesse for the
County of Anne Arrundell aboute February last, Did really
intend nothing ag* the Lord Proprietarys just Rights, But such
was the Subsilty of many persons there who were Members
and others which had Greate Jnfluences in those transaccons as
to drawe yo" pet’ into such Grosse Errors and Ignorant follies
as yo" pet’ hath just cause to accknowledge and Lament
The premisses Considered yo" pet humbly desireth
this Honored Board to Remitt what is past; And
yo’ pet’ shall ingage himselfe for the future to spend
his life and fortunes to mayntayne his Lordships just
Interest and the peace and tranquillity of this Province
Praying for yo" honors Welfare
William Burgess
Vpon Consideracon had of the vsefulnes of the peticon™ to
the Settlem! of affaires, It is ordered that he be Dismissed of
imprisonm‘ and pardoned without tryall or Fyne.
At a Councell held at Saint Marys 28 of February 1660
Philip Calvert Govern"
Present Henry Coursey Sec: j
Robt Clarke
Baker Brookes | C flee
Ed LLoyd ‘ Councello
John Bateman
Was presented the peticon of Josias Fendall as followeth
To the Hono’ Philip Calvert Esq! Governor of the Province
of Maryland.
The humble peticon of Josias Fendall
Humbly Sheweth
That whereas there passed an order of the Provinciall Courte
the 27" of February for the Confiscacon of yo" peticon’s whole
p- 89
Liber H. H.
406 Proceedings of the Council of Maryland, 1660-1661.
Estate to the vse of his Lop. the Lord Proprietary of this Pro-
vince whereby yo peticon' is left wholy Destitute of a Sub-
sistance both for himselfe, his wife and Children, And also by
the same order banished for ever this his Lopp’ Province
Jt is the humble request of yo" peticon' that yo" Honor will
be pleased to take into yo" Gratious Consideracon, the sad and
deplorable Condicon of yor peticon’ and in mercy graunt vnto
him such a proporcon of his Estate as may be a Comfortable
Subsistance to himselfe and family, And likewise repeale his
Banishm' that soe he may be made Capable of enjoying such
a parte of his Estate as yo Honor shall thinke fitt to Graunt
vnto him And he will willingly give yo" Honor security that he
will neither Acte or abbett any thing against the peace and
safety of this Province And that yo" will be pleased to allott
him a reasonable tyme for the procureing of such Security
And he shall as in duty bound pray &c
Josias Fendall
Wherevpon the Councell tooke into Consideracon the said
peticon and Desired that the Sentence of Banishmt be by the
Governor pardoned And that the said Josias Fendall be had
held and reputed as a Freeman of this Province to all Intents
and pourposes Saving that he shall not at any tyme beare office
within this Province nor have voyce in Electing, nor be elected
Burgesse in any future Assembly Provided he the said Fendall
Give such sufficient Security as the Governor shall thinke fitt
for his Good behaviour towards the Governmt here And as to
, his Estate they further desired that he might have it restored
in Statu quo prius (vizt) before Judgemt passed 27" of February
in the Provinciall Courte paying his iust fees to the Sherriffe
and officers of the Courte and chargeing a Bill of Exchange
for fifty pounds Ster. payable in London at tenn dayes Sight
to some person whome the Governor shall appoynte
And further that he may haue 20 dayes tyme to Give in
Security for his Good behaviour as aforesaid and that after
which Security given he may haue a pardon vnder the Greate
Seale according to the Intent of theis presents
All which at the Instance of the Councell
the Governor Granted.
At a Councell held at Saint Marys 28" of February 1660
Philip Calvert Govern'
Present \ Henry Coursey See:
Ed. LLoyd
John Bateman C lots
Robt Clarke ets
Baker Brookes
Proceedings of the Council of Maryland, 1660-1661. 407
Was presented the peticon of Thomas Gerrard as followeth Liber H. H.
To the hono®® the Governor and Councell of
the Province of Maryland.
The humble peticon of Thomas Gerrard.
Sheweth
Whereas yo" peticon’ his whole Estate was by this hono’*
Courte Confiscated, and his person banished this Province,
whereby yo" peticon’ is made altogether incapable of Releiveing
either himselfe, wife or Children and therefore humbly Implores
the mercy and favor of the Right hono’® the Lord Proprietary
and of this hono’*® Courte that they will be pleased to mittigate
their Judgem! both for the said Estate and Banishm'
And yo" pet’ shall ever pray &c.
Thomas Gerrard.
Wherevpon the Councell tooke into Consideracon the said
peticon and Desired that the Sentence of Banishm' be by the
Governor pardoned and that the said Thomas Gerrard be had
held and reputed as a Freeman of this Province to all Intents
and pourposes Saving that he shall not at any tyme beare office
within this Province, nor haue voyce in Electing nor be Elected
Burgess in any Assembly for the future Provided the said
Gerrard make Recognizance of tenn thousand weight of
tobacco, to the Lord Proprietary for his Good behaviour
towards the Governmt here.
And as to his Estate they further desired that he might have
itt restored in Statu quo prius (vizt) before Judgem! passed in
the Provinciall Courte paying his just fees to the Sherriffe and
officers of the Courte and chargeing a bill of Exchange for one
hundred pounds Sterling payable in London at tenn Dayes
sight to some person whome the Governor shall appoynte and
Give bond to pay five thousand weight of tobacco next Crop
to the Lord Proprietary And that after Recognizance entred
and bill of Exchange and bond Given as aforesaid he may haue
a pardon vnder the greate Seale according to the Intent of
theis presents
All which at the Jnstance of the Councell
the Governor Granted:
At a Councell held at St Marys 28" of February 1660
Philip Calvert Govern’
Present | Henry Coursey Secretary
Ed. LLoyd
John Bateman |
Robert Clarke 1 Counecllors
Baker Brookes J
Liber H. H.
408 Proceedings of the Council of Maryland, 1660-1661.
To the Right hono’” the Governor and Councell
of Maryland:
The Humble peticon of John Hatch.
Sheweth
Whereas yo" peticon" hath vnadvisedly acted against his
Lor? the Lord Proprietary whereby he hath iustly falne into his
high Displeasure, and now being Convinced of his Rashnes
and vnadvisednes in soe doeing; And now is hartily Sorry for
the same; Humbly Craveth his Lordships Gracious pardon for
his said Offence
And yo' pet as in duty bound shall
pray &c
John Hatche
Vpon Consideracon of which, Jt is therefore ordered that he
pay the next Crop to the Lord Proprietary two thousand
pounds of tobacco and Caske as alsoe all just fees to the
Respective Officers of the Courte and that he have one yeares
tyme assigned for the disposall of his Estate, then to departe
the Province, and in the Jnterim enter into Recognizance for
his Good behaviour.
{Pardons of Fendall and Gerrard.]
Czecilius Absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Barron of Baltemore &c To all
persons to whome theis presents shall come Greeting in our
Lord God Everlasting Whereas vpon the twenty Seaventh
Day of February last, there passed in our Pro Courte against
Josias Fendall a Sentence of Banishment out of this Province
and forfeiture and Confiscacon of all his Estate both reall and
personall to vs and our heires And Whereas the said Josias
Fendall haveing in that behalfe since petitioned our Governor
and Councell for mercy and mitigacon of that Sentence Knowe
yee that Wee by the advise of our said Governor and Councell
haue thought fitt and Doe hereby pardon the said Josias
Fendall and accquitt him of all the Crymes of which he was
indicted the said twenty seaventh Day of February last And
alsoe of all and singuler the paines and punishm* which he
had thereby incurred and of which he had Judgem* the said
twenty seaventh Day of February last Saving that he shall not
at any tyme hereafter beare Office within this Province nor
haue voyce in Electing nor be elected Burgesse in any future
Generall Assembly of this Province and shall alsoe give suf-
ficient Security for his Good behaviour towards vs and our
Governm! here. Provided alwayes that the said Josias shall
not by this our pardon be intended or Construed to be
Proceedings of the Council of Maryland, 1660-1661. 409
pardoned or accquitted of any of his just Debts formerly Due Liber H. H.
to vs or any person elce nor of the Sume of fifty pounds Ster.
Due to vs for a Composicon for his said Estate nor of the just
fees Due to the Sherriffe and other officers of the Courte for p. 92
his Imprisonm or otherwise Given at Saint Marys vnder the
Greate Seale of this our Province of Maryland this twenty
Eighth Day of February in the nine and twentyth yeare of our
Dominion over the said Province of Maryland Annoq Domini
1660 Witness our Deare Brother Philip Calvert Esq’ our
Leivetennant of our said Province of Maryland.
Ceecilius Absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Barron of Baltimore &c To all per-
sons to whome theis presents shall come Greeting in our Lord
God Everlasting Whereas vpon the twenty seaventh Day of
February last there passed in our Pro*” Courte against Thomas
Gerrard a Sentence of Banishmt out of this Province and for-
feiture and Confiscacon of all his Estate both reall and person-
all to vs and our heires And whereas the said Thomas Gerrard
having in that behalfe since petitioned our Governor and
Councell for mercy and mitigacon of that Sentence Knowe yee
that wee by the advise of our said Governor and Councell
haue thought fitt and Doe hereby pardon the said Thomas
Gerrard and accquitt him of all the Crymes of which he was
indicted the said twenty Seaventh Day of February last, And
alsoe of all and singuler the paines and punishm* which he had
thereby Incurred and of which he had Judgem‘* the said twenty
Seaventh Day of february last, Saving that he shall not at any
tyme hereafter beare Office within this Province; nor have
voyce in Electing nor be Elected Burgesse in any future
Generall Assembly of this Province and shall alsoe give
Recognizance for his Good behaviour towards vs and our
Governm' here Provided alwayes that the said Thomas Ger-
rard shall not by this our Pardon be intended or construed to
be pardoned or accquitted of any of his just debts formerly
due to vs or any person elce Nor of the Sume of one hundred
pounds Sterling Due to vs for parte of a Composicon for his
said Estate Nor of the Sume of five thousand pounds of
tobacco the remaynder of the said Composicon nor of his just
fees Due to the Sherriffe and other officers of the Courte for
his Imprisonm or otherwise Given at Saint Marys, vnder the
Greate Seale of this our Province of Maryland this twenty
Eighth Day of February in the nine and twentyth yeare of our
Dominion over the said Province of Maryland Annog Domini |
1660 Wittness our Deare Brother Philip Calvert Esq™ our
Leivetenn' of our said Province of Maryland.
Cecilius absolute Lord and Propryetary of the provinces of P- 209
Maryland and Avalon Lord Barron of Baltemore &c To our
Liber H. H.
p- 210
p. 211
p93
410 Proceedings of the Council of Maryland, 1660-1661.
Trusty and welbeloved William Evans Esq* Wee Considering
that Armes without the knowledge of the vse of them are
fruitles and haveing an Especiall care of the safety and preser-
vacon of this our province of Maryland have thought fitt and
necessary that the Jnhabitants thereof should be from time to
time exercised and trained in the vse of armes that if occasion
should require they may be the more Ready and able to
defend as well themselves as us and our Rights there and
offending their and our Enemies And wee haveing good expe-
rience of your knowledge and great Abilityes in Marshall
affaires and of your great fidelity vnto us in that occasion of
insurreccon and Rebellion in our said province which was
begun there by that notorious Villaine Richard Jngle and his
Complices against our Deare Brother Leonard Calvert Esq*
deceased then our Lieutennant generall of the same, and
therein us and our vndoubted Rights and Title there where in
and in divers other worthy accons as well att the late fight of
Anne Arundell under our Leiutennant Captaine William Stone
deceased as in the late Mutiny and Sedicon raysed against us
and our vndoubted Rights by Josias ffendall and his Com-
plices you have manifested vnto us and our Collony here such
singuler fidelity Courage Wisdome Jndustry and Jntegrety as
render you worthy and Capeable of the Trust hereby intended
by us to be reposed in you Wherefore wee doe by these
presents Constitute ordaine and appoint you to be our Muster
Master generall of this our province of Maryland To have and
to hold the said office of Muster Master Generall with as
ample ffees, Vailes Regards, profitts, Comodityes Jmunityes
and priviledges as any Muster Master Generall of our said
province hath or ought to have had in regard of his said office
or as any Muster Master Generall in Virginea of Right now
hath or ought to have or Enjoy by vertue of his said office till
wee or our heires shall signify the Contrary vnder our hand
and Seale at Armes Given att S' Marys vnder the great Seale
of our said prouince of Maryland this thirteenth day of March
in the nine and Twentyeth yeare of our Dominion over the
said province of Maryland Annog Domini One thousand six
hundred and sixty Witnes our Deare Brother Philip Calvert ©
Esq our Leiutennant of our said province of Maryland
Philip Calvert
[Indian Troubles.]
Ata Councell held at The Governor
Saint Marys this 24 + Present
Day of Aprill 1661 { M" Robert Clarke
Edward LLoyd
Baker Brookes
John Bateman
Councellos
yee ae ee
Proceedings of the Council of Maryland, 1660-1661. 411
Vpon Consideracon had of the Acts of Assembly passed for
present ayde to be Given to the Sasquehannoughs they tooke
into Debate the findeing out a person fitt to comand the fifty
men by the said Acte ordered to be sent to the Sasquehan-
nough Forte. And ordered that Captaine John Odber be sent
for to comand the said fifty men
Ordered Likewise that three men be prest out of Collonell
Evans his Company, and that foure men be prest out of
Leiuetennant Collonell Jarboes Company, foure men out of
Captaine William Boremans company five men out of
Captaine Christopher Russells company; two men out of the
Company formerly Capt James Langworth now under the
Comand of Leiuetennant Rob‘ Troope, foure out of Major
Thomas Brookes his Company five out of Captaine John
Odbers Company, six out of Captaine Thomas Manning his
company, five out of Capt William Burgesse, his Company
foure out of Captaine John Collier his company, two out of
the Division of the Northside of Anne Arrundell River three
out of Captaine William Leeds company; And that order be
sent forthwith to the Officers nowe with the said Companyes
to presse the respective numbers of men That Mr’ Francis
Stockett goe for Chirurgion of the said Company and Gothofrid
Harmer for Interpreter.
That the place of Randezuous of the men to be raysed in
St Marys County Charles County and Calvert County be at
Robert Kingsburys from whence the Captaine is to dispose of
them into Quarters That the men to be raysed in Anne
Arrundell County be randevoused at Richard Devers his
plantacon
That every officer be Comanded that every respectiue
Division out of which he rayses his men be ordered forthwith
to provide for every man two pound of powder tenn pounds
of Bullett or pistoll Shott and thirty pounds of Dryed flesh
either Beefe or bacon and one Good well fixed Gun, and a
Sword or Cuttleax a peece for each of the said Men
That they be ordered to presse horse horses or boate to carry
the said provisions amunicon and Baggage to the respectiue
Randevouz
That two Sloopes be raysed for the transportacon of the men
in St Marys County Charles County and Calvert County with
men to manage them.
Ordered that the seuerall proporcons of men to be raysed in
St Mary County Charles County and Calvert County be at the
Randeuous vpon Monday the fift Day of May:
Ordered that the Randezuous of Anne Arrundell and and
Kent Countyes be at the house of Richard Deevers the tenth
of May 1661
Liber H. H.
P. 94
Liber H. H.
wm
412 Proceedings of the Council of Maryland, 1660-1661.
At a Councell held at Spesvtia the 13" of May 1661
The Gouernor | M' Baker Brookes
Present The Secretary { M* Ed. LLoyd
M’ John Bateman
Ordered that all persons that haue suffred any dammage by
the Indians or haue engaged with them in an hostyle manner,
be Summoned to appeare at Spesvtia on Wednesday the 15"
instant
Sumons inde Directed to be sent from howse
to howse as lowe as Patapsco River
[Murders by Indians. ]
The Informacon of Peter Meyer touching the death of foure
English men killd in their Passage Betweene Delaware Bay
and the head of Chesepeack bay by Jndians vpon Wednesday
in Easter Weeke last vizt.
That vpon Fryday in Easter Weeke being at the Sand hooke
there came vnto him one Fobby Yanson and tould him that he
feared some English men were killed by the Jndians because
seekeing his horse in the Woods he sawe an Jndian passe by
w' a Grey hatt with Ribbons tyed vpon a Packe at his back
that a while afterwards the said Fobby Yanson shewed him
the Jndian that had the hatt at his backe that by the assistance
of M*' William Hollingsworth of New England and some others
he did apprehend the said Jndian with his Companion whome
upon demand of Justice the Governor of the same place
Comitted to Prison Whereupon the rest of the Jndians in the
Towne fledd and left one packe behinde them in which pack
he found an English red Wastcoate with a hole in the back
wett, and a Canvas bagg all bloody and an english paire of
shoes; That one of these Prisoners were released that night to
goe and fetch their King and that the next day the other were
released, but vpon what Ground he knowes not
And the said Peter Mayer further informed that demanding
of the said Jndian how he came by that hatt he answered it was
Given him by an other Jndian called Oconiccka whoe had killd
an English man
That he had Desired the said Packe of Goods in which the
Wastcoate and bloody bagg was found to be arrested which
was accordingly done, but that comeing the next day to enquire
for itt the man of the howse where it was deposited answered
that it was given to the Jndian againe And that he was tould
by the Dutch, that the Jndians Did threaten him as being an
English man for to kill him.
Signed Peter Meyer.
cho SA pee Cee ae ne rae
- oT: s
ve 6
Proceedings of the Council of Maryland, 1660-1661. 413
The persons by order this Day Summoned appeareing before Liber H. H.
Sumons serued upon them Jt was thought fitt to anticipate the
Examinacons touching the Engagemt with the Jndians in Gun
powder river and ordered that first Robert Gorsuch be Calld in
The Jnformacon of Robert Gorsuch touching the death of his
wife whoe was killd by the Jndians the 11" of Aprill 1661
Sayth.
That upon the 11 of Aprill there came to his howse some
Jndians some in blew and some in red Matchcoates whoe killd
his wife and plundered his howse, and aboute 4 or 5 Dayes
after came to his howse againe, and killd some fiue Cowes and
a Steere and some hoggs as he supposeth
The Jnformacon of Jn° Tayler sayth that upon Easter Eve in
the Afternoone there came two Jndians to his howse, but he
not vnderstanding their Language poynted at them to be Gone,
he haueing notice before of a Murther Comitted upon Robert
Gorsuch his wife, and they accordingly Departed; the next
day those selfe same two Jndians retourned againe with 7 more
and one woman, whoe comeing neare his Landing Shott of a
Gunn to giue him notice as he Conceiued, whereupon he went
to the Landing to them, and they asked him for some tobacco
which he Did giue them, And upon Sight of another Canow
of Jndians bid them be Gone one of them vnderstanding and
Speakeing a little English upon which they went away and
Steered as he thought towards a Plantacon hard by where two
Batchelors liued named Edward Forster and John Forster, p. 96
That John Forster comeing in a Canowe towards the Jndians
Shott at the said Jndians and came imediately away to this
Jnformants howse Whereupon the said Jndians Shott 3 Gunns
at the said Forster and imediately went and plundered his
howse and came round aboute the neck & plundered his
tobacco howse, where his Goods then lay for want of Roome
in his Dwelling howse to the vallue of one thousand pounds
of tobacco, That upon notice given of this Plunder William
Wignell Jn° Forster and Edward Swanson went forth after the
said Jndians to knowe the reason why they plundered the said
tobacco howse and Comeing vp to them in the Woods where
they were sitting Round ab‘ a fyre they imediately surrounded
the said English and Dischargeing a Volley of tenn shott killd
the said John Forster and at a second Volley wounded William
Wignell, notwithstanding which Shott they fought them three
houres and made their Retreate good Since which tyme the
said Jndians haue killed Eleauen head of Cattle and twenty
head of hoggs; Demanding of the Jndians who they were they
answered they were all Sasquehannoughs as all Jndians vsed
do toe that come to his howse
The marke of Jn° TT Tayler
Liber H. H.
p- 9
N
414 Proceedings of the Counctl of Maryland, 1660-1661.
The Informacon of Thomas Overton and William Hallis
Sayth That aboute the 25" of Aprill last Thomas Sampson and
Richard Hayes seeing two Canowes with 9 Delaware Bay
Indians comeing downe Bush River, watching their Canowes
did discerne that they Steered towards their plantacon upen
which the said Sampson and Richard Hayes came and brought
the Jnformants newes of their comeing. Soe upon that they
tooke to their Boate and Armes and mett the Jndians and
required of them whether they were Sasquehannoughs yea, or
noe, and they answered Noe, And whilst that these Jnformants
were talking w'* one of the said Companyes in one of the
Canowes the other Canowe with Jndians went a Shoare, And
as soone as ere they were on the Shoare, one of the Jnformants
Doggs seizes on one of the said Jndians, and vpon that the
Jndian turnd him aboute and Shott the Dogg and killd itt, And
imediately another of the said Jndians that was on the Shoare
Shott at these Jnformants and there Company, and the Bullett
came through the Boate, Then the said Jnformants and their
Company Shott at the Jndians that were in the other Canowe
and killd fiue of them, that is all the Jndians that were in that
Canowe And further these Jnformts sayth that the Jndians on
the Shoare did kill one of their Company Called John Spurne
And further knoweth not
The marke of x Thomas
This Informacon was made Overton.
before vs The marke of x W™
Henry Coursey Hallis
John Bateman
For his much respected freind
Coll. Nathaniell Vty these p'sent
From the Sand Poynte in Delaware Bay this
20" Aprill 1661
Worshipfull St Coll. Nath: Vty
These Lines of myne J am afrayd will be the intelligence of
sad tydings, the 17" Day of this moneth here Depted from
hence three English men and one Dutchman there names J
haue not William John Norden, M* Hack a Dutchman and
a Cooper, both at M* Stocketts and one Walter at M* Rights
which persons wee feare are murthered by the Jndians in their
Journey home as yo” may further be resolved if yo" please to
enquire The Jndians say their bodyes lay at a place calld
Saquasehum the 19™ Day here came abt 20 Jndians Soe by
some of them it was Discouered And J haue caused two Jndians
to be secured in the Corte of Guard, one of them is sett free
to informe their Sakim And this Day wee suppose he will be
Proceedings of the Council of Maryland, 1660-1661. 415
here both Dutch and Jndians are very much Displeased at itt
but J Demanding Justice of the Governor he knew not well
how to deney me my Desire is yo" Wors? will be pleased to
advise and alsoe send some person or persons which may
make further Enquiry into the matter As for me J thinke
it is pitty such barbarous accons should soe passe Jt will be
as much as for to tenne of to be English men and J pray be
Active in this matter of soe greate Concernmt Thus with my
respects J rest Yo" wors®* to Comand
4 W™ Hollingsworth
The Jndians that haue Comitted this murther soe farr as wee
perceive, are some of this River, but liue up in itt J alsoe aduise
yo” that the Jndians Doe threaten to Cutt some other English
men that are here in this River to retourne home to their
familyes if not p'vented by some other meanes
W" #H.
Sr
I vnderstood from M* Hollingsworth of the murder of foure
men belonging to this Province, by the hand of some Indians
yo" neighbours, And further that upon his accusacon yo" had
Comitted them to Guard I send this Expresse to yo" to be in-
formed of the true State of the matter. It is not our Custome
to putt vp the injuryes of Indians, nor to bury the blood of
Christians in forgettfullnes & oblivion, Therefore I request yo"
to deliuer me the Indian Prison's that I may deale with them
according to our Justice in like cases I am now at Spesvtia, and
there shall remayne till I haue provided for the safety of the
people and the honot of our nacon and there shall Expect an
answere from yo” to S‘
Spesutia 15" May 1661 Yo! Servant
Superscribed bac
For the hono**® Alexander Dhinoijossa
Governor of new Amstell
Right honorable
Yo™ 15" may ould Style recd. the 26'* of New Style out of
which wee haue seene that upon the advice of M' Hollings-
worth yo” are come to the Iland of Nathaniell Utye for to
examine the Lamentable murder done by the Sanhikan Indians
vnto foure English men; (It is thus) forasmuch as hath appeared
to us that here haue been foure psons, out of the Province of
Maryland, which after two dayes stay departed from hence to
their plantacons as they sayd And by the way are mett by the
said Indians by whome they are murthered, And on Marettico
or the iron hill mett them two Indians comeing from the Min-
quas Country to one of them they did give a hatt and nothing
Liber H. H.
p- 98
Liber H. H.
P- 99
p- 100
416 Proceedings of the Council of Maryland, 1660-1661.
elce, to the other they gaue noething, The same two Indians
came to the Towne, imagining noe thing, but the Murtherers
which killd the man did very secretly and speedily pas this
place up to the River; Two or three Inhabitants of New Amstell
did in the meane while lay hould on those two Indians; And I
caused them to be brought to the Forte, but after many Ex-
aminacons found them not Guilty but that it was done by
another nacon wherefore wee haue released them, because the
Ignorant cannot suffer for the Guilty otherwise it would be a
case grounded of noe reason, besides there is some tyme past
betweene, And would haue occasioned betweene vs and the
Indians a Difference which might engage Vs with them, to an
open warre, were by the Cultiture of the Country, and the ad-
vancem! of the Collony would be much hindred in which ap- |
parently yot honot would take noe Comfort nor Content with
the two Indians which haue not beene actually in the facte,
And therefore lett yo™ honot be assured that the releaseing of
the two Indians hath not been done out of any ill Jntent nor to
the p'judice of soe Good Christians our Neighbours in favor
of the Heathens which haue Comitted from tyme to tyme diuers
murthers and Robberies upon our owne nacon also, Wishing
that wee could lay hould of this Good oppertunity in revenging
our selues upon the Murtherers alsoe, to Conclude yo' honot
may be confident that the Shedding of Christian blood is most
detestable vnto us assuring yo" selfe that wee shall Contribute
in all thinges to the p‘servacon of freindship with neighbours
of our beleife for as much as might be done without p‘judice
to our owne nacon, Soe I Comitt yo" Hono' to Gods keepeing
whoe will give his blessings to yo" Gouernm! Soe J rest
Yor Serviceable freind
Praise God aboue all things 1661 Alex: Dhinoijossa:
M’ Wright
Be pleased to doe soe much as to lett me knowe, how it is
with yo" &c: the rest for trade.
The Indians threaten to kill me and that is the reason I can-
not come I must watch in my howse with seaven or Eight Guns
Loaden and I haue noe comforte from the Inhabitants here
Indians and Dutch both saying that Iam an English man, I wish
I could haue tyme to speake % an houre with yo” M” Hollins-
worth is very sorry he heares noe answere of his letter Give
every body notice and looke to yo" selues night and Day the
Indians are very Strong and not farre from yo" I would haue
writt more, but I Dare not dare, warne James at Turkey Poynte
to remove
15 May 1661 Yor Loveing Servant
Garratt Rutten
when yo” haue read this lré burne it in the fyre,
eo ee eee
Proceedings of the Council of Maryland, 1660-1661. 417
Cecilius absolute lord and Proprietary of the Provinces of Liber H. H.
Maryland and Avalon Lord Barron of Baltemore &c To our
trusty and welbeloved Capt. John Odber Greeting Knowe yee
that wee Relying vpon yot fidellity circumspeccon, courage and
good Conduct doe hereby constitute ordaine and appoynte
yo” Captaine of fifty Souldiers raysed within this our Province
of Maryland, them to haue vse and Comand, with all the Pro-
visions Uictuall and Amunic6n sett forth with them in this
March to the Sasquesahannough Forte, to the resistance of all
Ennemies declared and to be declared and Defence of the said
Forte against all attempts from any enemy to the said Sasque-
sahannoughs or of this Province according to such Instruccons
as yo” shall receive from us or our Leiuetenn' Generall from
tyme to tyme, them to vanquish and putt to death and all or
any other thinges Acts or powers to vse doe and exercise con-
cerning the said Expedicon till the retourne of the Souldiers
into this Province againe, as to the Captaine of an Army or
Governo® of a Forte by the lawe or vse of warre doth or may
belong, Given vnder our lesser Seale of our said Province of
Maryland this Eighteenth day of May 1661 Wittness our Deare
brother Philip Calvert Esq’ our Leiuetennant of our said
Province of Maryland.
Instruccons Given by the Governor and Councell of the
Province of Maryland to Captaine John Odber for the
managem‘' of the assistance given to the Sasquesahan-
nough Jndians according to Articles of a treaty begun
with the said Indians 16' of May 1661
Yo are to choose some fitt place, either within or
without the Forte which yo” are to fortefye for yor
owne Security and to demand the assistance of the Sasquesa-
hannoughs to fetch tymber and other necessaryes for the forti-
ficacon according to Articles now concluded betweene vs, and
further to cause some Spurrs or flankers to be layd out for the
Defence of the Indian Forte whome yo” are upon all occasions
to assist against the Assaults of their Ennemies,
2 Vpon yo’ arrivall at the Forte imediately presse them to p. 101
appoynte some one or more of their greate men, to whome
yo shall make yo' applicacons in all occasions, that is either of
demanding assistance to helpe fortifye, or of provisions or upon
any orders received from vs &c.
3 Procure that the certaine :psons be appoynted whoe are to
be Messengers Betweene yo" and us according to Articles
And be sure to aduize us of every accident of Importance, that
shall befall yo” or the Sasquesahannoughs, and of the proceed-
ings of our affaires
Imprimis
Liber H. H.
p. 102
418 Proceedings of the Council of Maryland, 1660-1601.
4 Yo" are carefully to informe yor selfe of the processe of
the Warre betweene them and the Cinagoe Indians, and if yo"
finde them slack in itt, to presse them discreetly to a vigorous
prosecucon of itt.
s Yo" are carefully to avoyde all Quarrells with the Indians
and therefore permitt not the Souldiers, to sitt drinking or
Gameing w* them, but keepe them to exact millitary discipline
and to avoyde Idlenes often exercise them.
6. Make dilligent Enquiry touching the Murderers of the
Woman in Patapsco river, and of John Nordon and his com-
panions in their way from Delayware Baye &c. And if yo" finde
they haue any of the said Murderers in the Forte See them
Shott to death or Send them downe to vs to be proceeded
against according to our Lawes
7 Lastly yo” are to haue a very wary Eye upon all Dutch
that come to the Forte, observing their Actions, and treatyes
with the Indians, but shew not any animosity against them, if
yo” finde any close Contrivances to our prejudice give us
speedy notice and oppose with discrecon any open actions that
may tend to our Losse.
At a Councell held at Spesutia ) Present The Governor
the 18" Day of May 1661 \ The Secretary
M’ Baker Brooke
Mr: Edward LLoyd
Mr’ John Bateman
Was presented the peticon of Samuell Gouldsmith Geo.
Gouldsmith Godfrey Bayley and Francis Stocckett as followeth
To the hono’® the Gouernor and Councell of Maryld:
The humble peticon of Sam: Gouldsmith &c
Sheweth
That whereas yo" peticon’s being sent Burgesses for the
County of Baltemore to an Assembly held at St Clements
Manno’ in the County of St Marys March the first 1659, by
vertue of a writt in the lord Proprietarys name And whereas
yo" peticon’ being ignorant of the plotts and malicious contri-
vances of some of the cheife Members thereof were over per-
swaded to medle with those thinges which doe noe way con-
cerne them, and were ensnared by their Suggestions and false,
(as it appeares) informacons to complye with them in the Relin-
quishing of his lop* iust rights and priviledges
Wee yo" humble pet's Doe humbly confess the hayn-
ousnes of our Crymes and with all doe humbly desire
yo" hono*® to Consider that it was not through any
malice or Envy of our owne, but the wicked Designs
Proceedings of the Council of Maryland, 1660-1661. 419
of some more powerfull persons that caused us to acte
contrary to our owne Intents and pourposes, and soe
prejudiciall to the health and welfare of this Province
The p'misses considered wee humbly desire yo" honors
to looke upon us with a gracious aspect, and passe by
our faults though almost impardonable Exempting us
from fine or punishmt
And yo' pet** will euer pray &c
Vpon Consideracon had of the ingenious Confession in the
aboues® peticon contayned, and the certaine knowledge of the
Governor and those of the Councell p'sent at the p'tended
Assembly in the peticon menconed concerning the carryage of
the pet® in the said p'tended Assembly which was soe farr
from malice, that they did long withstand the illegall proceed-
ings thereof and at last out of timidity only consented Ordered
that the pet’s be pardoned without fine or tryall
To the hono® the Gouernor and Councell
of the Prouince of Maryland.
The humble peticon of Nathaniell Vtye
Sheweth
That whereas yo' pet' was in the late Disturbance in the
Province of Maryland to the prejudice of the Lord Proprietarys
Right and that it hath pleased the Lord Proprietary since freely
to forgive the said offence.
The humble request of yo" pet" is that the hono? the Gov-
ernor and Councell will be pleased to adde a further Acte of
Grace that his former offences may not be prejudiciall to him
hereafter
And yo’ pet’ shall pray:
Vpon his Lops Direccdns touching Coll Nathaniell Vtye that
he be pardoned for his offence comitted ag his Io” in Sideing
with Fendall and his faction And the said Collonell Vtye in
pursuance of his said lo’* gracious favor humbly by peticon
craues to the Governo" and Councell to be Discharged of and
from the said Cryme vpon Record which was ordered accord-
ingly And that he be for ever hereafter pardoned for the fore-
said offence to all Intents and pourposes whatsoeuer.
Philip Calvert Esq' Captaine Generall of all the forces win
this Province of Maryland vnder the Right hono”*® Czecilius
Absolute Lord and Proprietary of the same To Major Samuell
Gouldsmith Greeting According to the power to me by his said
Lo? comitted, and upon the speciall trust and confidence I haue
in yo" fidellity circumspeccon courage and good Conduct I doe
hereby constitute ordaine and appoynte yo” Major vnder me
Liber H. H.
Pp. 103
Liber H. H.
p- 104
420 Proceedings of the Council of Maryland, 1660-1661.
to the Regim' raysed, betweene the Coves of Patuxent river
and the head of the baye, both on the Easte and west side
thereof includeing the Ile of Kent alsoe, them to see mustered
Exercised and trained vp in the arte of warre and millitary
discipline And in all thinges to doe as any Major of a Regim’
of foote may or of right ought to doe to the resistance of all
Ennemies Suppression of all mutinyes insolencyes and Re-
bellions whatsoeuer, according to such orders & direccoOns as
yo” shall from tyme to tyme receive from me And I doe
further authorize and appoynte yo” to enlist for yo" owne
Company such and soe many of the Inhabitants from the
North side of Patapsco river, to the west side of Sasquesahan-
nough River as yo” shall thinke fitt, and them when and as
often as yo” shall thinke convenient to muster and traine vp
Soe that they may be in a readynes as occasion shall require to
attend my further Comands, with fitting Armes and Amunicon
for the pourpose aforesaid To haue and to hould the said
office, and Comand till the lord Proprietaryes his heires or his
or their Leiuetennt cheife Governor or Captaine Generall for
the tyme being shall signifye his or their pleasure to the Con-
trary, And all persons whatsoeuer are hereby strictly Com-
manded and required to yeild all due obedience to yo” the
said Major Samuell Gouldsmith in all thinges appertayning to
the Command and office hereby conferred on yo" as they will
answere the contrary at their perrills Given und‘ my hand and
lesser Seale of the Province of Maryland this one and twentyth
Day of May in the nine and twentyth yeare of his lo’* Dominion
over this Province Annog domini 1661
Com” for Capt Howell mutatis mutandis ut in folio 23.
Articles of peace and amity concluded on the behalfe
of the Lord Proprietary of the Province of Maryland
and the Sasqsahannough Indians at a treaty begun at
Spes Utia the 16" Day of May 1661 Betweene the
hono’* Philip Caluert Esq* Governor of the said Pro-
vince Henry Coursey Esq’ Secretary Baker Brookes
Edward LLoyd and John Bateman Esq's Councellors
to his said Lo? of the one parte and Dahadaghesa of
the greate Torripine family Sarangararo of the wolfe
family Waskanecqua of the Ohongeoguena nacon Ka-
goregago of the unquehiett nacon Saraqundett of the
of the Kaiquariegahaga nacon Uwhanhierelera of the
Usququhaga nacon and Waddon hago of Sconondihago
nacon of the other parte.
Imprimis it is mutually agreed that wee shall according to
former agreem' mutually assist one the other against the
Proceedings of the Council of Maryland, 1660-1661. 421
Ennemies of either nacdn vpon timely notice giuen to each
other respectiuely
2 That such Indian men Prisoners as shall happen to be
taken in the warre, shall be Deliuered to the English as well
such as haue killd any English as others
3 That the English shall send up to the Sasquesahannough.
Forte fifty men to helpe to defend the forte
4 That the Sasquesahannoughs shall permitt the Captaine
of the English Souldiers to choose a place either within or
without the forte to fortifye himselfe in and that the Sasquesa-
hannoughs shall helpe them to fetch loggs or other tymber or
necessaryes for his fortificacon
5 That the Sasquesahannoughs shall finde the English
Souldiers with sufficient fish and flesh, and bread ready beaten
6 That there shall be six Indians appoynted by the Sasque-
sahannoughs to be ready to carry letters betweene the Cap! of
the English at the forte, and Collonell Utyes howse, and from
thence to the forte againe, to which End two of them shall
alwayes be vpon Palmers Iland
7 That for p'vencon of mischeife that too often happens by
misvnderstanding and not distinguishing Sasquesahannoughs
from other Indians, the Sasquesahannoughs shall not come
ordinarily to any other howse, but the howse of Captaine
Thomas Stockett or of Jacob Clauson from whence they shall
haue ticketts if they haue occasion to come further among the
English plantacons And that if by Ennemies they be driven
downe amongst the English they shall be bound to hollowe
before they come neere any English howse, and vpon the
appearance of any English they shall imediately lay downe
their Armes and suffer their Armes to be in the English posson
till their Departure
8 That the Sasquesahannoughs shall send all Runawayes
of the English Downe to Capt Thomas Stockett, imediately
after their arrivall at the Forte
g That the English haueing now declared that they will
Demand sattisfaccon of the Passagonke Indians, for the death
of John Nordon, and his Companions slayne by the aforesaid
Indians and upon refusall to prosecute, a warre with them the
Sasquesahannoughs shall upon further notice giuen be ready
to assist in the said warre with necessary force
The marke of x Dahadaghesa
The mke of x Sarangararo
the mke x of Andra Sonque
The mke of x Waskanecqua
The mke of x Saraqundett
The mke of x Kagoragago
The mke of x Wadonhago.
Liber H. H.
p- 105
Liber H. H.
p. 106
422 Proceedings of the Council of Maryland, 1660-1661.
Memorand the Articles aboue written were Signed and
deliuered by the Sasquesahannoughs the 21" of May 1661
[Appointment of Justices. ]
Czecilius Absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Barron of Baltemore &c. To
Collonell William Evans John Abbington Thomas Mathews
Thomas Dent Richard Willan John Lawson Thomas Turner
and Luke Gardner Gentlemen Greeting Knowe Yee that wee
for the greate truste and Confidence wee haue in yo’ fidellityes
Circumspeccons Prouidences and wisedomes haue constituted
ordained and appoynted and doe by theis p’sents constitute
ordeine and appoynte yow the said Collonell William Evans
John Abbington Thomas Mathews Thomas Dent Richard
Willan John Lawson Thomas Turner and Luke Gardner Gent
Com® Ioyntly and seuerally to keepe the peace in St Marys
County aforesaid And to keepe and cause to be kept all
Lawes and orders made for the good and Conservacon of the
peace and for the quiett Rule and Gouernm! of the people in
all and every the Articles of the same And to chastise and
punish all persons offending ag*t the forme of any of the lawes
and orders of this our Province or of any of them in St Marys
County aforesaid as according to the forme of those lawes
and orders shall be fitt to be done Wee haue alsoe constituted
and ordeyned yo” and euery foure or more of yo” of which
yo” the said William Evans John Abbington Thomas Mathews
or Thomas Dent, vnles some one of our Councell be p’sent
are allwayes to be one Com" to enquire by the oathe of good
and lawfull men of yo" County aforesaid of all manner of Fel-
lonyes witchcrafts inchantm's Sorcerys Magick Arts trespasses
forestallings ingrossings and Extorcons whatsoeuer And of all
and singuler other misdeeds and offences of which Justices of
the peace in England may or ought lawfully to Enquire by
whomesoeuer or whensoeuer done or perpetrated or which
hereafter shall happen to be done or perpetrated in the County
afores* ag‘ the Lawes and orders of this our Province Prouided
yo” proceed not in any of the cases aforesaid to take life or
member, but that in every such case yo” send the Prisoners
with their Indictmt and the whole matter Depending before
yo” to the next Pro*! Courte to be houlden for this our Pravince
whensoeuer or wheresoeuer to be houlden there to be tryed
And further wee doe hereby authorize yo” to issue writts
process arrests and Attaychm's to holde plea of heare and
Determine and after Judgemt execucon to Award in all causes
civill whether in accons reall or personall, where the thing in
aceon doth not exceed the vallue of three thousand pounds of
Proceedings of the Council of Maryland, 1660-1661. 423
tobacco according to the lawes orders and reasonable customes Liber H. H.
made and vsed in this our Province of Maryland In which
causes civill soe to be tryed Wee Doe constitute Ordaine and
appoynte yo” William Evans John Abbington Thomas
Mathews or Thomas Dent to be Judges as aforesaid vnles
some one of our Councell, be then in Courte And therefore
wee comand yo” that yo” dilligently intend the keepeing of
the peace Lawes and orders and all and singuler other the
p'misses and at certaine dayes and places which yo” or any
foure or more of yo" as aforesaid shall in that behalfe appoynte
yee make Enquiryes upon the p'misses And performe and
fullfill the same in forme aforesaid Doeing therein that which
to justice appertayneth according to the Lawes orders and
reasonable Customes of this our Province Saving to us the
Amercem's and other thinges thereof to vs belonging, And
therefore Wee comand the Sherriffe of the said County of
St Marys by vertue of theis p'sents that at certaine dayes and
places which yo" or any such foure or more of yo” as aforesaid
shall make knowne to him to give his Attendance on yow And
if need require to cause to come before yo” or any such foure
or more of yo” as afores* such and soe many Good and lawfull
men of yo" County by whome the truth in the p'misses may
the better be knowne and Enquired of And Lastly Wee haue
appoynted Walter Hall Clarke and Keeper of the Records of
proceedings in this yo" County Courte And therefore yo” shall p. 107
cause to be brought before yo’ at the said Dayes and places
the Writts precepts process and Indictm‘s to yo" Courte and
Jurisdiccon belonging that the same may be inspected and by
a due Course determined as aforesaid Giuen at Saint Marys
vnder our Greate Seale of our said Province of Maryland the
foureteenth day of June in the nyne and twentyth yeare of our
Dominion over the said Province and in the yeare of our Lord
1661 Wittness our Deare brother Philip Caluert Esq’ and our
Leiuetennt of our said Province of Maryl@
Yo” shall Sweare that as Commission™ in the County of
St Marys in all Articles in his Lop* com” to yo" Directed yo”
shall Doe Equall Right to the poore as to the rich to the best
of yo’ cunning witt and power, and after the p'sidents and
Customes of this Province, and Acts of Assembly thereof made
And that yo” hould yo Sessions or Courts as yo” are Directed
in yo' Com or according to Acts of Assembly provideing in
that behalfe, And all Fines and Amercments that shall happen
to be made and all forfeitures which shall before yo" yee shall
cause to be Entred without any Concealem! and certefye the
same to his Lo’s Receivo™ of this Province Yee shall not
debarre, or hinder the prosecucon of Justice or take any Guifte
Bribe or fee to the intent to delay Judgement But shall behaue
Liber H. H.
p. 108
424 Proceedings of the Council of Maryland, 1660-1661.
yo" selfe justly and truely to the best of yo" vnderstanding and
power Soe long as yo” shall persist in this office, and vntill
yo” shall be by lawfull Authority discharged therefrom And
yo” shall further sweare that yo” will not by yo" selfe, nor any
other person directly nor indirectly trouble molest or discoun-
tenance any person whatsoever in this Province professing to
beleiue in Jesus Christ for or in Respect of his or her religion
nor in his or her free exercise thereof within the said Province
Soe as they be not vnfaythfull to his said Lo? nor molest or
conspire ag‘ the Civill Gouernm! Established here vnder him
Soe helpe yo” God.
Idem Com” and oathe to Robert Vaughan W™ Coursey
Thomas Bradnox Seth Forster W™ Leeds and James Ringould
Gent Com* for Kent County; whereof the two first are of the
Quorum and roby Wells Clarke the said Com™ beareing Date
the foureteenth of June 1661
comm for Calvert — Jdem Com” and oathe to Thomas Sprigge
oe Thomas Trueman Thomas Manning Thomas
Brookes George Peake Francis Anketill Hugh Stanley Charles
Brooke Rich Collett John Elzy Toby Norton Thomas Letch-
worth Benjamin Brassieur and William Turner whereof the
foure first are of the Quorum and James Thompson Clk:
Idem Com” and oathe to Richard Wells Sam: Withers
Thomas Todd Robert Burle Roger Grosse John Brewer Tho.
Besson Anthony Sallway Edmund Townehill and Francis Hol-
land gent. Com™ for Anne Arrundell County whereof the 4
first are of the Quorum and Andrew Skinner Clk.
Idem Com™ and oathe to Tho. Stocckett Henry Stocckett
Symon Carpenter Thomas Howell Francis Wright John Taylor
Thomas Powell and Peter Meyor gent Com® for Baltemore
County whereof the foure first are of the Quorum and ee
Collett Clarke. .
Idem Com” and oathe to Henry Adams Tho. Stone James
Lindsey Thomas Baker Francis Pope W™ Marshall Walter
Beane Joseph Harrison gent. Com" for Charles County.
Ceecilius &c. for the more speedy Administracon of Justice
in our said County of St Marys Knowe yee that wee Doe
hereby giue power vnto any three of the Comissioners of the
said County whereof one to be of the Quorum to Sweare
Richard LLoyd Com* and Justice of the peace in the said
po
Proceedings of the Council of Maryland, 1660-1661. 425
County And Doe hereby impowre him the Said Rich. LLoyd
to all Intents and purposes to Acte as a Com' and Justice of
the peace in the said County as fully as any other of our
Justices in the said County Giuen &c
Jdem. to sweare Nicholas Pickard Com" and Justice of the
peace in Kent County.
At a Councell held at. ) Present Governor Secretary
Spesutia 21'* May 1661 { Baker Brooke Edward LLoyd John
Bateman.
Then was p'sented this following Letter.
Right honorable new Amstell 20" May 1661
Stilo novo.
My last the six and twentyth of May was in haste because
the Indians would not staye by the same I Did assume yor
Honor of the vpright affeccon which wee haue for the keepeing
of a good Neighbourship I haue by this occasion
Abraham Van Nas goeing that waye by Instruccon ordered
and authorized for to declare by worde of mouthe that Licence
to departe to the two Indians that were apprehended was not in
favor of the Barbarous Heathens nor to the p'judice of soe
Good Neighbours they haueing not been accessory to the
Murther wherefore I could not keepe them Such proceedings
not being agreeable with our nacons Custome being a Case
that will bring vs into greate Danger of a Warre and a
Quarrell with the Indians It being now 16 Dayes past before
wee had any Intelligence from the Province of Maryland in
that behalfe Wee therefore Doe assure yo* honor that wee will
be vpon all occasions willing wee hope that in tyme to come
there will be a good traffique Betweene vs though this present
difference Betwixt yo and the Indians of this Riuor are some-
thing Disfavourable to itt Yett wee hope that the Almighty
God will shewe an expedient waye that those differences might
be composed for the warres are p'judiciall to the Commons
and vncertayne how they might fall out nor what tyme they
may take that the whole nacon for five or six evell Doers
Should suffer, is a thing to be Lamented yett needefull that
the Murtherers should be punished for an Example I haue in
Generall vnderstood from the Indians that they with the English
vpon very advatagious Condicdns with the English make
peace that such vgly faults be noe more Committed In case
I can serue yo" Honor, in the like busines J shall be willing
Liber H. H.
p- og
Liber H. H.
p. 110
426 Proceedings of the Council of Maryland, 1660-1661.
to incline to itt and soe wishing yo" honor a happy Governm'
and a Good end of these troubles shall rest
Yor honors affectionate freind
and Servant
Alexander Dhynoijossa
After which was called in Abraham Van has in the said
Letter mencdned whoe being desired to declare what he had
in Commission to say from the Governor Alexander Dhinoijossa.
Declared that they had done their Endeavor to deteyne the
Indian Murtherers but could not for want of power to defend
themselues any longer keepe them, that in Revenge of what
they had done the Indians had burned them a Mill which they
were forced to passe by for the p’sent till they should be better
able to avenge themselues of the Injury that the Governor had
of the Sandhooke Did send for the Kings of those Indians
tht had Committed the aforesaid murder. And Demanded of
them the reason why they did it Answere was made that it was
done by a Company of Vagabone Rouges that delighted in
mischeife and run from nacon to nacodn which if they could
Catch they would deliuer them vp to Justice, but that since
they had done it they were fledd.
[Dutch on the Delaware.]
At a Councell held at The Governo' The Secretary
Sasquehanough Poynt > Present. Capt James Neale
July 1% 1661
Was read this following Clause in a letter from his Lo?
Dated London 14" December 1660 post alliqua (vizt) Captaine
Neale being by the late Acte for Navigacon putt by his Voyage
in the Dutch ship he intended is gone as a Passenger for
Maryland in an English vessell he was at the Isle of Wight
on 16" of the last moneth vpon his voyage to yo” I hope
when he comes yo” and he and my other freinds will
thinke vpon some speedy and effectuall waye for Reduceing
the Dutch in Delaware Baye The New England men will
be assisting in itt and Secretary Ludwell of Virginea assured
me before he went from hence that the Virgineans will
be soe too But it were well to be done with all Celerity con-
venient because perhaps the New England men falling vpon
them at Manhatas may take in the head to fall vpon them at
Delaware too and by that meanes p'tend some tytle to the
place &c.
Whereupon the Councell tooke a viewe of his Lops Com™
to the Said Captaine James Neale Granted for the leauying of
Proceedings of the Council of Maryland, 1660-1661. 427
men to make warre vpon certaine ennemies Piratts, and Liber H. H.
Robbers that had vsurped a parte of Delaware Baye lying » '™
within the fortyth Degree of Northerly Latitude as followeth
(viz')
C: Baltemore
Ceecilius Absolute Lord and Proprietary of Maryland and
Avalon Lord Baltemore &c To our Trusty and welbeloved
Captaine James Neale, and to all our officers in Maryland and
all others whome it may Concearne Greeting Whereas wee
vnderstand that certaine Ennemies Pyratts & Robbers haue
invaded and vsurped a parte of our said Province of Maryland
lying vpon the South side of Delaware Baye within the degree
of forty Northerly Latitude and diuers Forreigno’ furnish them
with Vessells Armes Provisions and other Goods to mayntayne
their said vnjust vsurpacon Knowe yee That wee reposeing
truste and confidence in the Courage and Experience in martiall
affaires and good affeccon of yo” the said Captaine Neale Doe
by theis p'sents appoynte and authorize yo” the Said Captaine
Neale to Leavy muster and trayne any men in our said Province
of Maryland for the tyme being that shall be willing to Assist
yo” in an Expedicon against the said Ennemies Pyratts and
Robbers, and to make warre against and to pursue any the said
Ennemies Pyratts and Robbers or any Forreigno™ or their
Ships or other Vessells aydeing or abetting them as aforesaid
as well by Sea as by land yea even without the lymitts of our
said Province and by Gods Assistance to vanquish and take
them And to seize to our vse all or any howses and Goods of
the said Ennemies Pyratts and Robbers or their Abettors which
shall be vpon the Shoare within the lymitts of our said Province
takeing and keepeing to yo" owne vse all such Goods on Shoare
which shall be seized by yo” as aforesaid And to doe all and
every thing which in such case vnto the Charge and office of a p. 112
Captaine or Comander in cheife (for the said expedicon) vnder
our Leiuetennant of the said Province belongeth which -psons
soe taken yo” are to bring and deliuer to our Leiuetennt of the
Said Province for the tyme being And all Vessells with their
Goods soe taken yo” are to bring into some Porte of our said
Province without breakeing Bulke Selling Disposeing or alter-
ing the property of any of the said Vessells or Goods afore yo
haue caused the same to be Duely Inventoryed and appraysed
and adjudged in our said Province lawfull Prize, After which
Adjudicacon yo” may take and keepe the same to yo" owne vse,
paying vnto vs or our Receivor Generall there for the tyme
being for our vse the twentyth parte of the vallue thereof att
the appraysement Prouided that by p'tence thereof yo neither
doe nor permitt to be done any Violence or Injury to any Shipps
Liber H. H.
p- 113
428 Proceedings of the Council of Maryland, 1660-1661.
Goods or Merchandizes whatsoever other then of the Ennemies
Pyratts and Robbers or their Aydors and Abettors as aforesaid.
And alsoe that before yo” putt this our Com™ in Execucon
yo enter into a Recognizance of one thousand pounds Sterling
to vs before our Leiuetenn' of our said Province for the per-
formance of the afore menconed particulers Required on yot
parte And Wee Doe hereby will and require our Leiuetennt
Admirall and all other our Captaines Commission™ and officers
as well Civill as millitary by Sea and by land there to be ayde-
ing and Assisting to yo” in the Execucon of this our Commis-
sion Giuen vnder our hand and Greater Seale at Armes this
twentyth Day of July in the Nine and twentyth yeare of our
Dominion over Maryland And in the yeare of our lord God
One thousand Six hundred and Sixty.
And vpon Consideracon had first that it is very doubtfull
whether the Towne of New Amstell doe lye within the lymitts
of this Province or not, and that his Lo? Doth not authorize a
warre with any but such as haue vsurped some parte of this
Province or shall abett or ayde such as haue vsurped some
parte of this Province. And next that his Lop hath left it as
appeares by the words of the letter to vs to finde the waye to
reduce the supposed Intruders and Vsurpers vpon Confidence
and of Assistance from Virginea and New England that might
be given vs which doth not at all seeme likely the Dutch Trade
being the Darling of the People of Virginea as well as this
Province and indeed all other Plantacons of the English, and
this Province alone not being able to beare the Charge of the
Warre that will thence insue with the West Indian Company
in Holland vpon any Attempt vpon that place which not only
from their Protestacon first of September last made at Amster-
dam but also by late letters from Holland appeares to be
resolued on by them in case any force shall be vsed by vs
against the said Towne of New Amstell Resolued that all
Attempts be forborne against the said Towne of New Amstell
till such tyme as letters from his Lo? may againe be had in
answere of what hath been written to his Lo? concerning this
Affaire and that Observacon may be taken at the head of the
Baye of Chesepeack thereby to finde certainely whether the
said Towne of New Amstell Doe lye within the fortyth degree
of Northerly Latitude or not and further that tryall be made
whether Assistance from Virg* may be had and from New
England for the Reduceing and mayntenance of that place
against the Dutch.
[Denization of Swedes and Dutch. ]
Czecilius Absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Barron of Baltemore &c To all
Proceedings of the Council of Maryland, 1660-1661. 429
persons to whome theis p'sents shall come Greeting in our
Lord God Everlasting. Whereas Peter Meyor late of New
Amstell and Subject of the Crowne of Sweeden haueing trans-
ported himselfe his wife and Children into this our Province
here to inhabite hath besought us to grante him the said Peter
Meyor leaue here to Inhabite and as a free Dennizen freedome
land to him and his heires to purchase Knowe yee that wee
willing to give due Encouragemt to the Subjects of that Crowne
Doe hereby Declare them the said Peter Meyor his wife and
Children as well those already borne as those hereafter to be
borne to be free Dennizens of this our Province of Maryland
And doe further for vs our heires and Successors straightly
enjoyne Constitute ordeine and Command that the said Peter
Meyer be in all thinges held treated reputed and esteemed as
_ one of the faythfull people of us our heires and Successors
borne within this our Province of Maryland And likewise any
lands tenements Revenues Services and other hereditam's
whatsoeu’ within our said Province of Maryland may inherrite
or otherwise purchase receive take haue hould buy and possesse
and them may occupye and enjoye Give Sell alyen and be-
queathe as likewise all libertyes franchises and priviledges of
this our Province of Maryland freely quietly and peaceably
haue and possesse occupye and enjoye as our faythfull people
borne or to be borne within our said Province of Maryland
without the lett molestacOn vexacon trouble or Greivance of
us our heires and Successo" any Custome to the contrary here-
of in any wise notwithstanding Giuen at Saint Marys vnder
the Greate Seale of our said Province of Maryland this two
and twentyth day of July in the thirtyth yeare of our dominion
over the said Province of Maryland Annog domini One thousand
Six hundred Sixty one Wittness our Deare Brother Philip
Calvert Esq* our Leivetennant of our said Province of Mary-
land.
Cecilius Absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Barron of Baltemore &c To all
persons to whome theis p'sents shall come Greeting in our
Lord God Everlasting Whereas Axell Stille late of New
Amstell and Subject of the Crowne of Sweeden haueing trans-
ported himselfe into this our Province here to inhabite hath
besought vs to grante him the said Axell Stille leaue here to
inhabite And as a free Dennizen freedome land to him and his
heires to purchase Knowe yee that wee willing to give due
encouragement to the Subjects of that Crowne Doe hereby
declare him the said Axell Stille to be a free Dennizen of this
our Province of Maryland And Doe further for us our heires
and Successors straightly enjoyne constitute ordeine and Com-
Liber H. H.
p. 114
P. 115
Liber H. H.
p- 116
430 Proceedings of the Council of Maryland, 1660-1661.
mand that the said Axell Stille be in all thinges held treated
Reputed and esteemed as one of the faythfull people of us our
heires and Successors borne within this our Province of Mary-
land And likewise any lands tenements Revenues Services and
other hereditaments whatsoeuer within our said Province of
Maryland may inherrite or otherwise purchase receive take
haue hould buy and possesse and them may occupye and
Enjoye Giue sell alyen and bequeathe as likewise all Libertyes
franchises and priviledges of this our Province of Maryland
freely quietly and peaceably haue and possesse occupye and
Enjoye as our faythfull people borne or to be borne within our
said Province of Maryland without the lett molestacon vexacon
trouble or Greivance of us our heires and Successors any
Custome to the Contrary hereof in any wise notwithstanding
Giuen at Saint Marys vnder the greate Seale of our said
Province of Maryland this nine and twentyth day of July in the
thirtyth yeare of our dominion over the said Province of Mary-
land Annog domini One thousand Six hundred Sixty one
Wittness our Deare Brother Philip Caluert Esq’ our Leiuetenn'
of our said Province of Maryland:
Idem mutatis mutandis to Peter Jacobson
Idem to Marcus Sipherson
Idem to Clement Micheelson
Idem to Hendrick Hendrickson
Idem to Andrew Clementson
Idem to Peter Montson
Idem to Mathias Cornelison
Idem to Hendrick Mathiason
Idem to John Wheeler
Idem to Bartholomew Hendrickson
Idem to Cornelius Urinson
Idem to John Urinson
Idem to Andrew Toreson
Idem to Paule Johnson
Idem to Gothofrid Harmer
Cecilius Absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Barron of Baltemore &c To all
persons to whome theis p'sents shall come Greeting in our
lord God Everlasting Whereas Jacob Clauson late of New
Amstell and Subject of the States of Holland haueing of long
tyme liued within this our Province of Maryland hath besought
us to grante him the said Jacob Clauson leaue here to Inhabite
and as a free Dennizen freedome land to him and his heires
to purchase Knowe yee that wee willing to giue due Encour-
agem’ to the Subjects of those States Doe hereby Declare him
Proceedings of the Council of Maryland, 1660-1661. 431
the said Jacob Clauson to be a free Dennizen of this our
Province of Maryland And Doe further for us our heires and
Successors straightly enjoyne constitute ordeine and Command
that the said Jacob Clauson be in all thinges held treated
reputed and esteemed as one of the faythfull people of us our
heires and Successors borne within this our Province of Mary-
land And likewise any lands tenements Revenues Services
and other hereditam’* whatsoever within our said Province of
Maryland may inherrite or otherwise purchase receive take haue
hould buy and possesse and them may occupye and Enjoye
give Sell alyen and bequeathe as likewise all Libertyes fran-
chises and priviledges of this our Province of Maryland freely
quietly and peaceably haue and possesse occupye and Enjoye
as our faythfull people borne or to be borne within our said
Province of Maryland without the Lett molestacon vexacon
trouble or greivance of us our heires and Successors any
Custome to the contrary hereof in any wise notwithstanding
Giuen at Saint Marys under the Greate Seale of our said Pro-
vince of Maryland this thirtyth day of July in the thirtyth yeare
of our dominion over the said Province of Maryland Annoq
domini One thousand Six hundred Sixty one Wittness our
Deare Brother Philip Caluert Esq™ our Leivetennant of our said
Province of Maryland.
Idem to Jacob Micheelson.
Idem to Cornelius Comages
Idem to Michaell Vandernorte
Idem mutatis mutandis to John Jarboe Subject of the Crowne
of france.
Comen to Robt Com™ to Captaine Robert Troope mutatis
mutandis ut in folio 23.
[Indian troubles and Treaty.]
At a Councell held at Appaquimmin Thursday 19" Sept. 1661
x Present
Philip Calvert Esqt Gouerno*t
Henry Coursey Esq’ Secretary
and M* John Bateman Councill
Came Pinna King of Pickhattomitta in Delaware Bay
shewing that whereas there had been divers men slayne by the
English belonging to the Passayoncke Indians now vnder his
Command and amongst them his owne brother in revenge of
which divers English had been slayne by those Indians Yet
Liber H. H.
p. 117
Liber H. H.
p. 118
432 Proceedings of the Council of Maryland, 1660-1661.
that as he did beleiue all those outrages were committed by
the English without order from the Gouernor and Councell
soe he did assure the Governor and Councell that those re-
venges were taken by his Indians without his or any of his
greate mens knowledge therefore did desire that all might be
forgotten and that from henceforward his Indians might live in
peace with the English
To which the Governor answered that as he did desire peace
soe he did Desire Justice alsoe and provided that they would
deliuer up those Indians that killed John Norden and Sepherin
Hack with his Companions tc be proceeded against according
to our Justice he would come to Articles of peace with him
Whereunto the said Pinna answered that the English had
begun the warre and first killed one of his men as he was
peaceably comeing by their plantacon oversett their Canowe
out of which they lost three Gunns afterwards pursued them
into the woods and there shott at them, that as his Indians
fledd (haueing lost one man and their Goods) in their way
home they mett the said Norden and Hack and Companions
and Contrary to the advice of an ould man of the Company
that stood weepeing by and perswadeing them to speake with
the greate men of the English first Did kill the said Norden
and Hack and Companions saying that the English would
haue warre but that since that tyme the English had sett vpon
two Canowes of Indians and killed fiue of them and amongst
them his owne brother all which notwithstanding he was
willing and desirous to make a peace betweene vs and _ his
Indians forgetting the blood of his owne brother
Then did the Governor Demand sattisfaccon for the Cattle
and hoggs of John Taylor. To which he answered y* they were
not killed by his Indians for they imediately fled, but by Min-
quas or Sinigos
Whereupon was taken into Consideracon the Informacon of
John Taylor Thomas Overton and others taken at Spesutia
13" May last and findeing the Relacon of Pinna in the maine
to agree with the said Informacons and the Gouernor and
Councell calling to minde that the said John Taylor after his
Informacon in wryting taken had often sayd that John Forster
whoe shott at the Indian (as :p Informacon) affirmed that “he
had killed him. Resolued to come to Articles with the said
Pinna vpon this Consideracdn that the English had begun the
warre by the said John Forsters killing the said Indian vpon
Easter daye
And Forasmuch as it is certaine that the said Indians whome
Forster shott at imediately fledd after they killed Forster in
the woods and vpon the 17" Day of Aprill mett Norden and
Hack neere the’ Iron hill vpon the Easterne Shoare and there
Proceedings of the Council of Maryland, 1660-1661. 433
murdered them and that the Minqua or Sinigo Indians were Liber H. H.
aboute that tyme doeing mischeife and killing Cattle aboute
Patapsco Riuor and those Quarters as appeares by the Infor-
macon of Robert Gorsuch taken 13‘ May aforesaid. Resolued
that all further Demand of sattisfaccon for those cattle be
waued and that sufficient provision in the Articles be made for
the Security of our Stocks of Cattle and hoggs for the future,
and that the treaty be imediately begun least Generall Sty-
uesant at the Manhatans make an advantage by those Indians
against vs It being doubted whether there be a warre betweene
Holland and England or not
Articles of peace and amity concluded betwixt the
honorable Philip Calvert Esqt Governor Henry Coursey
Secretary and M* Iohn Bateman Councellor on the
behalfe of the Lord Proprietary of this Province of
Maryland and Pinna King of Pickhattomitta on the
behalfe of the Passayonke Indians on the other parte
(viz,
Imprimis that there shall be a perpetuall peace betwixt the
people of Maryland and the Passayoncke Indians
2'’ It is agreed betwixt the abouesaid partyes that in case p. 119
any English man for the future shall happen to finde any Pas-
sayoncke Indian killing either Cattle or Hoggs that then it
shall be lawfull for the English to kill the said Indian.
3% It is agreed betwixt the abouesaid partyes that in case
any Indian or Indians shall happen to kill any English man for
the future (which God forbid) that they the said Indian with
all that company of Indians with him which consented to the
said murder shall be deliuered up to the English there to be
ceeded against according to the lawe of this Province.
4” It is further agreed betwixt the abouesaid partyes that in
case any English man shall happen to run amongst the Passa-
yoncke Indians that the said Indians bring them to Peter
Meyors and there for every English man that they shall
deliuer they shall Receive one Matchcoate
The marke x of Pinna
Signed and Deliuered this
19 of Sept. 1661
Memorandum the abouesaid Articles were signed Inter-
changeably by the Gouernor and Councell and deliuered this
19 of September in the 30'" yeare of his Lop’ Dominion over
this Province of Maryland 1661
;
434 Proceedings of the Council of Maryland, 1660-1661.
Liber H. H. At a Councell held at the Gouernors howse the
11 of October 1661
Present Philip Calvert Esq’ Gouerno' Henry Coursey Secis
m' Robert Clarke M' Baker Brooke M’ Ed. LLoyd m* John
Bateman
Vpon the mocon of John Bouge and William Mills Guardi-
ans to the children of Cuthbert Fenwicke deceased to haue a
writt of Particon of the land by the last will and testamt of the
said Cuthbert to his sonns Cuthbert, Jgnacius Robert Richard
and John Fenwicke deuised according to the tenor and pur-
p. 120 porte of the said will now proved and vpon Record, shewing
vnto the board that unles such partition be speedily made that
every one knowing his parte may improue itt, the children will
inevitably be undone by permitting the houseing and plantacon
now already cleared and built runne to ruine
Ordered. That a writt of particOn issue to the Sherriffe of
Calvert County to see particon made by a Jury of twelue men
of the neighbourhood according to the tenor and purporte of
the will (vizt) that they lay out unto Cuthbert ffenwicke one
hund* acres next unto St Cuthberts Creeke and that afterwards
they diuide all the remaynd' of st Cuthberts Mannot (excepting
that parcell lying Westward of the Deepe branch of St Cuth-
berts Neck by the said will Deuised unto Jane Fenwicke) into
fiue parts of equall vallue haueing regard to the Goodnes of
the land not the number of acres And that then they first give
unto Cuthbert Fenwicke his Share next adjoyning to his land
vpon St Cuthberts Creeke and afterwards that they permitt
the other brothers to chuse by lotts their Shares soe divided as
aforesaid the eldest of them chuseing first and soe the next in
seniority till every one haue his parte
At a Councell held at St Marys the 12‘ of octob™ 1661
Present The Gouernor Secretary M* Robert Clarke M* Baker
Brooke Mt Edward LLoyd and Mr’ John Bateman
Was Sworne of the Councell Captaine James Neale And
after satt as a Counceller.
Came Cap! John Odber to giue an accompt of his expedicon
to the Sasquehannough Forte being demanded why he came
downe without order from the Gouernor.
He replyed that the Sasquehannoughs came to him and tould ~
him that they could not compell their men to furnish the Souldiers
with Prouisions according to Articles, and therefore bid them
provide themselues to be gone to morrowe for there were
Canowes to Goe to carry downe the Amunicon by water. That
Proceedings of the Council of Maryland, 1660-1661. 435
he had left all the Armes with m' LLoyd Except one Gun at Liber H. H.
Jacobs; and the Armes that every Souldier carryed home with ‘7!
him to be deliuered to the ownors from whome they receiued
them
This Answere being not fully sattisfactory and Jnformacon
from the Leiuetenn' being wanting. Ordered that Capt John
Odber doe give an acc’ in wryting of his proceeding with the
Sasquesahannoughs by the 27° of November next and that
Jacob Clauson Francis Stocckett and Samuell Palmer Gent be
summoned to appeare at that tyme also to Giue informacon to
the Board alsoe ;
Then was called John Everett to answere for his Contempt
in Running from his Collors Pleades that he could not beare
Armes ag* the Indians for Conscience sake. Ordered that the
said John Euerett be committed to the custody of Nicholas
Guyther till 27" of November next and that then he be tryed
by a Courte Marshall And that Capt John Collier come then
to testefye in the case being the man that pressed the said
Euerett.
Com™ for Ensigne to Henry Mitchell mutatis mutandis ut _
in folio 24.
Com™ to Captaine William Boreman mutatis mutandis ut
in folio 23.
Cecilius &c. Whereas Walter Senserfe being of Scottish
Descent haueing of long tyme vsed the trade of this our Pro-
vince and for some yeares last past hath been possessed of land
within this our Province hath besought us to Grante him leaue
to transporte himselfe and family into this our Province here
to inhabite, Knowe yee that wee being willing to give due En-
couragems to all men of his Nacon Doe hereby Declare &c.
idem ut in folio 83.
[Immigrants from Virginia.]
Philip Calvert Esq? Leiuetenn' and Cheife Governor of the p. 122
Province of Maryland vnder the Right hono* Czecilius lord
and Proprietary of the same To all persons to whome theis
p‘sents shall come Greeting in our lord God Euerlasting Knowe
yee that takeing into Consideracon the petic6n of diuers persons
well affected to this Province now or late Inhabitants of
Northton County otherwise called Accomack in Virg? who are
desirous to transplant themselues and familyes into this Pro-
vince And for the more speedy and Effectuall prosecucon of
ee a
> ee oe
* = -*
436 Proceedings of the Counctl of Maryland, 1660-1661.
Liber H. H. his said Lo®’ Comand to me to see that parte of this Province
next adjoyneing to the County aforesaid peopled and for the
ease and benefitt of all such persons whoe shall transplant
themselues into this Province from Accomack afores* I haue
nominated constituted and impowred and Doe by theis p*sents
nominate Constitute and impower Coll Edmund Scarburgh
Randoll Reuell and John Elzey Gent or any two of them being
within this Province to grant warr® for land (During the tearme
of six moneths next ensueing the date hereof) vpon the Easterne
shoare of this Province in any parte belowe Choptanck Riuer
that is to say fifty acres for euery person transplanted vpon
such Condicons & tearmes as are Expressed in his Lo?* con-
dicon of plantacon now remayning vpon Record regulated
according to his lo’® Declaracon of the 22° Sep* 1658, now
vpon Record alsoe Prouided that euery :pson claymeing any
land by uertue of the Condicons aforesaid for or in respect of
the transportacon of any pson or ‘psons into this Province doe
before the said Edmund Scarburgh Randall Reuell & John
p- 123 Elzey or any two of them and being within this Province take
the oathe of fidellity by the said Condicons of plantacon re-
quired which said oathe the said Coll Edmund Scarburgh
Randall Reuell and John Elzey or any two of them are hereby
impowred to administer to all or any the persons desirous to
transplant themselues as aforesaid before they shall haue any
warrants granted vnto them respectiuely And alsoe provided
that all such persons as shall haue any warr granted be
accomptable to the Secretary for the tyme being for all such
fees as for the said Warr's and Entryes shall become due And
the said Edmund Scarburgh Randall Reuell and John Elzey
are hereby required to keepe a booke of all such Rights and
warr’ as shall be by them or any of them granted distinctly
reciting the name and surname of euery person for or in respect
of whose transportacon they haue allowed any land And the
same at the End of the six moneths aforesaid to retourne into
the Secretarys office Signed with their hands Giuen at S‘ Marys
vnder the lesser Seale of this Province this sixth day of Novem-
ber in the thirtyth yeare of his lo’’ dominion over the said Pro-
vince Annog domini 1661
Signed Philip Calvert
C: Baltemore
CECILIUS CALVERT, LORD BALTIMORE,
Proprietary.
CHARLES CALVERT,
Governor.
1661-1675.
[Commission to Charles Calvert.]
Cecilius &c. To all the Inhabitants and people in Maryland Liber H. H.
and to all others whome theis p'sents shall any way concearne ?* *73
Greeting Whereas our Deare sonne and heire Charles Calvert
Esq" intends to goe in person into Maryland this p'sent yeare
And whereas whilst he is there it is fitt and requisite the Cheife
comand of the said Province should be in him Knowe yee
therefore that wee haue Constituted and doe hereby Constitute p. 124
authorize and appoynte him our said Deare sonne During the
tyme of his aboade there and our absence out of the said Pro-
vince our Leuietennt Generall, Gouernor Admirall and Cheife
Comander both by Sea and land of our said Province of Mary-
land with all the same powers and authorityes as our Deare
Brother Philip Caluert our p*'sent Leiuetennant Generall there
Doth or might use or exercise by vertue of our Com™ Granted
to him for that purpose beareing date the foure and twentyth
day of June One thousand six hundred and sixty (except that
our said brother is still to Continue and remayne our Chan-
cellor and Keeper of our greate Seale there, And wee doe
further hereby authorize and appoynte our said Deare Brother
Philip Calvert to be Deputy Leiuetennt of the said Province
vnder our said Deare sonne and to be the first of our Councell
there and in the absence of our said sonne out of the said
Province to be our Leiuetenn' there as formerly Prouided
allwayes that our said Deare sonne doe take in open Co” in
our said Province the oathe of our Leiuetenn‘ to be administred
vnto him by the Deputy Leiuetenn' Secretary or any two of
our Councell there whome wee doe hereby authorize and
require to administer the same accordingly before he sitt or
Acte as our Leiuetennt of the said Province Giuen vnder our
hand and Greater Seale at Armes this foureteenth Day of
September in the thirtyth yeare of our dominion over Mary-
land and in the yeare of our Lord 1661
[Commission to Henry Sewall.]
Cecilius &c. To all the Inhabitants and people in the said p. 125
Province of Maryland and to all others whome theis p'sents
shall anywayes Concearne Greeting Knowe yee that wee repose-
ing speciall truste and Confidence in the wisedome dilligence
Experience and fidellity of our trusty and welbeloued Henry
440 Proceedings of the Council of Maryland, 1661-1675.
Liber H. H.
p. 126
p. 127
Sewall of London Esq Haue Constituted appoynted ordeined
And by theis p'sents doe constitute appoynte and ordeine him
the said Henry Sewall to be one of our Councell of State and
Conservator and Justice of peace win our said Province of
Maryland untill wee or our heires shall signifye our or their
pleasure to the Contrary under our or their hand and Seale at
Armes And wee doe hereby giue and Grant vnto him the said
Henry Sewall full power and authority for that purpose from
tyme to tyme and at all tymes During his soe being of our said
Councell of State there to meete and assembly himselfe in
Councell vpon all occasions in our said Province with our
Leiuetenn‘ of our said province for the tyme being and others
of our Councell there, And in all things to doe and Acte with
them as one of our Councell of our said Province in as ample
manner and forme as any other Councellor of ours there can
or Ought to doe as being of our said Councell of state there
And wee doe hereby further will and Grant that he the said
Henry Sewall shall haue and receiue all such powers priviledges
p'heminences Jurisdiccons Immunityes and Advantages, what-
soeuer which are belonging and incident to one of our Councell
of State and Conservato’ and Justice of peace there in as full
and ample manner as any other of our Councell there may can
or ought to haue and Enjoye as a Councellor Conservator or
Justice of the peace in our said Province Hereby willing and
requireing our said Leiuetenn‘ and the rest of our Councell of
the said Province of Maryland to admitt and receive him the
said Henry Sewall as one of our Councell of State Conservatot
and Justice of peace in our said Province as aforesaid Prouided
allwayes that he take in open Coin our said Province the
oathe of a Councellor of State appoynted by us to be taken
by those of our Councell there before he sitt or Acte as one
Councell of State and Conservato' or Justice of peace in our
said province to be administred vnto him by our said Leiue-
tenn’ or any two of our Councell there whoe are hereby
respectiuely impowred and required to administer the same
accordingly And wee doe by theis p'sents reuoake all former
Com** at any tyme heretofore granted by us to any other
person or persons for the place or office of our Principall Sec-
retary of our said Province and other the powers and offices
hereunder menconed. And Doe hereby constitute appoynte
and ordeine him the said Henry Sewall to be our Principall
Secretary of our said Province of Maryland and to haue all
such priuiledges and benefits as belongeth to our principal
Secretary there: And wee doe by theis p'sents appoynte con-
stitute and ordeine the said Henry Sewall to be our principall
officer and Keeper of the Acts and proceedings of us and of
our Leiuetennant and Councell there for the tyme being, and
Proceedings of the Council of Maryland, 1661-1675. 441 °
of and for the Entring and recording of all Grants by us or
our heires to be made of any lands or offices within our said
Province of Maryland And for the probates Entring and
Recording of wills and Inventorys and granting of letters of
Administracon And for the Entring and Recording of all other
matters Acts and things which by any Instruccons Lawes or
Ordinances made or given or to be made or giuen for or con-
cerning our said Province of Maryland shall or ought by the
appoyntment of us or our heires or by the appoyntment of our
Leiuetenn‘ or other cheife Gouernor there for the tyme being
or otherwise to be entred and recorded To haue and to hould
execute and Enjoye the said office and offices together with the
priuiledges and benefits aforesaid vnto the said Henry Sewall
vntill wee or our heires shall signifye our or their pleasure to
the Contrary and noe longer.
Prouided alwayes that he take in open Co" in our said Pro-
vince the oathe of our Secretary there before he sitt or Acte as
Secretary in our said Province to be likewise administred vnto
him by our said Leiuetennt or any two of our Councell there
whoe are hereby respectiuely impowred and required to ad-
minister the same to him accordingly Giuen under our hand
and Greater Seale at Armes this twentyth day of August in
the thirtyth yeare of our dominion over Maryland and in the
yeare of our lord 1661
At a Councell held at St Marys 28t* of November 1661
Present Charles Calvert Esq' Gouernor Philip Calvert
Esq’ Deputy Leiuetenn' and Chancellor Henry Sewall
Esq" Secretary Henry Coursey Robert Clarke Baker
Brooke and John Bateman Esq'* Councellors.
Then was called for Capt' John Odber to giue an Accompt
in wryting according to the order of the last Co™ of his pro-
ceedings with the Sasquesahannoughs: But appeared not,
Then was Called John Everett to answere his Contempt in
running from his Collors when prest to goe to the Sasquehan-
nough Forte, pleades that he cannot beare Armes for Con-
science sake.
Ordered that the said Euerett be tryed at the next Provinciall
Co" and in the interim be Comitted into the Sherriffs hands
and that the Sherriffe impannell a Jury against that tyme and
in the meane tyme the said Euerett to be kept in Chaynes and
beate his owne Bread:
Ordered that Richard Wells and George Vtye be brought
by the Sherriffe to the next Provinciall Co" to answere in not
Liber H. He
p. 128
442 Proceedings of the Counctl of Maryland, 1661-1675.
Liber H. H. sending letters downe to the Gouernor according to the Acte
of Assembly and for contemptuously Nayling vp a letter of the
Sherriffs directed to the Gouernor as abouesaid
Then was p'ferred the humble peticon of John
Hatche which is as
followeth.
To the Right honorable the Leuietennt
Generall of the Prouince of
Maryland and the hono”*
the Gouerno* and Councell
The humble peticon of John Hatch
p- 129 Humbly Sheweth
That Whereas at a Provinciall Co™ held at St Marys the 28"
of February 1660 there then passed an order that yo" pet*
should haue a yeares tyme allowed him for the disposall of his
Estate and then to departe this Province, Since which tyme
yo’ pet’ hath had noe oppertunity to dispose of his said Estate
: Wherefore it is the humble desire of yo" pet™ that yot
Honors will be pleased to take it into yot Consideracons
and order that the former order of the 28'* of February
1660 be made voyd and yo" pet’ thereby made capable
of Continuing in this Province and ordering his small
Estate to his best advantage as the rest of his Lo’s Ten-
nants in this his Lors Province may doe
And he shall pray &c.
Vpon the peticon abouesaid The Leiuetennant Generall hath
remitted the Sentence of banishmt
To the Right hono’* the Gouernor and
Councell of the Prouince of
Maryland
The humble peticon of Samson Waring
Humbly sheweth
That whereas yo" pet" sometyme in February or March last
past did enter into Recognizance to the Right Hono” the Lord
Proprietary for his good behauiour and hath according to the
tenor of the said Recognizance well and truly behaued himselfe
Yo" pet’ humbly implores that yot Hono® not regarding
his former misdemeanour but his p'sent Comportm' will
vouchsafe that the said bond be deliuered in to yo" pet*
And he shall pray &c
p.130 Vpon the peticon of Samson Waring The Leiuetennt Generall
hath ordered that his said Recognizance be deliuered in to his
posson:
Proceedings of the Council of Maryland, 1661-1675. 443
By the Leiuetennt Generall
A Proclamacon
Prohibiting Trade with the Indians without Ly-
cence and for prohibiting exportacon
of Corne out of the Prouince.
Whereas by Acte of the Generall Assembly held at St Johns
the 17" Day of Aprill last it was Enacted that noe person shall
trade with any Indians of this Province or goe through any
riuers of this Province to trade with any Indians to the North-
ward of this Province without lycence of his Lo? or of his
Governor of this Province for the tyme being vpon payne of
forfeiture to his lo? of all Comodityes unlawfully traded for and
all vessells and trucke vnlawfully traded with: Theis are there-
fore to proclayme that I doe hereby revoke and Determine all
former Com’ and Lycences to trade by any Governo' of this
Province given and straightly to Charge and Comand all
officers and other persons whatsoeuer to seise the boates Ves-
sells Trucke or other Comodityes of any persons vnlawfully
tradeing contrary to that Acte, and them soe seised to bring to
s‘ Marys there to be adjudged And further to giue notice that
if any person shall seise any boates Vessells or Trucke of any
person vniawfully tradeing as aforesaid and bring them to St
Marys to be Judged as aforesaid or deliuer them vp to the
Sherriffe to be brought to St Marys shall haue one third parte
of the boates Vessell Trucke or Comodityes which shall be ad-
judged Prise as aforesaid And for the prevencon of the greate
abuse in Exportacon of Corne and Grayne I doe hereby
straightly charge and Command that noe person whatsoeuer
presume to Exporte any sorte of Corne or Grayne out of this
Province without Express warrt vnder the privy Seale of this
Province vnder the penalty of twelue moneths imprisonmt
Giuen at St Marys this seauenth Day of December 1661
Signed Charles Calvert
Ceecilius Absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Barron of Baltemore &c. To all
persons to whome theis p‘sents shall come Greeting in our
Lord God everlasting. Wee Reposeing speciall truste and
Confidence in William Hollinsworth and willing to Complye
with his request and Desire herein, Doe hereby giue and
grant to him the said William Hollinsworth Liberty lycence and
Comission to trade with any the Indians of this Province for any
Beauer Furrs Skins or any other Comodityes whatsoeur And
to that End it shall be hereby lawfull for him the said William
Hollinsworth to pass upon or through any riuer or Creeke or
Liber H. H.
p- 131
Liber H. H.
p. 132
444 Proceedings of the Council of Maryland, 1661-1675.
other passage through any parte of this Province to trade for
such Comodityes with any Indian or Indians wout this Pro-
vince and to exporte the same from tyme to tyme as he the
said William Hollinsworth shall thinke fitt and Convenient
Prouided that in case he the said William Hollinsworth shall
buy or trade for any Corne from any such Indian or Indians as
aforesaid or other Inhabitant of this Province he Doe not
exporte the same out of this Province, without Lycence first
had and obteyned from our Leiuetenn‘ or other Cheife Gov-
ernor of this Province Prouided alsoe the said William Hollins-
worth pay to the Lord Proprietary or his heires the tenth in
weight or vallue of all Comodityes traded for with the Indians
either by himselfe or any other person intrusted by him and
fullfill all such condicOns as are expressed in that Acte concern-
ing trade with the Indians, Giuen vnder the greate Seale of
our said Province of Maryland this ninth Day of December in
the thirtyth yeare of our dominion over the said Province of
Maryland Annoq domini 1661 Wittness our Deare sonne
Charles Caluert Esq™ our Leuietennt of our said Province
Com to Captaine Thomas Besson to comand all the forces
on the South side of Anne Arrundell riuer vp to the head
thereof and the North side of South riuer up to the head there-
of mutatis mutandis ut in folio: 23.
Com” to Leiuetennt Dauid Steward to be Leiuett vnder Capt
Besson.
Com™ to Cornelius Howard to be Ensigne vnder Cap*
Besson. mutatis mutandis ut in folio 23
Com” to Captaine John Norwood to comand all the forces
from the head of Anne Arrundell riuer on the Northside there-
of to the Southside of Patapsco riuer
Com™ to W™ Hills to be Leiuetennt vnder Capt Norwood
Com” to Andrew Skinner to be Ensigne vnder Capt Nor-
wood. mutatis mutandis ut in folio 23.
Mr’ Sewall
J doe hereby Authorize & impower yo” to signe att any time
lycences for marryages as likewise warrants for land when it
may bee inconuenient for p'sons to Come to mee being absent
from my howse att st Marys, Giuen und' my hand this ro! day
of Decemb™ 1661
Signed Charles Caluert
Wittnes
Philip Caluert
Proceedings of the Council of Maryland, 1661-1675. 445
At a Councell held at S Johns The Leiuetennt
the 9" Day of January 1661 { Present Chancellor.
| Secretary
Vpon Informacon that John Jenkins formerly Capt John
Jenkins whoe raysed the mutiny in Charles County in Febru-
ary last and hath since been for the said fact prosecuted to an
Outlawry, is retourn’d againe into this Province and Lurketh
aboute Wiccocomaco Riuer and Pikaiwaxen and that he hath
been seene at the howses of Josias Fendall and Christopher
Russell and that Arthur Turner is suspected of Complyance
with the said Jenkins and his Complices. Ordered that the sd
Jenkins and Russell be fortwith apprehended and Comitted
to prison at St Marys without Bayle or Maynprise. That the
said Josias Fendall be confined to his howse till further order
from this Board and that Capt James Neale doe send for the
said Turner and cause him to finde two sufficient Suretyes for
his good abearance or elce to Comitt him to the Sherr. and
that the Chancellor doe see this order be fort’" putt in Exe-
cucon:
Cecilius &c To all persons to whome theis p’sents shall
come Greeting in our Lord God everlasting Knowe yee that
wee reposeing much trust & Confidence in the care diligence
and Integrity of John Nuttall and willing to Complye with him
in his request & Desire Doe hereby giue and Grant to him the
said John Nuttall Liberty Lycence and Com to trade with any
the Inhabitants of this Province, for any Beauers Furrs, Skins,
or any other Comodityes whatsoeuer and to that end it shall
be hereby Lawfull for him the said John Nuttall to pass upon
or through any riuer or Creeke or other passage through any
parte of this Province to trade for any such Comodityes with
any Indian or Indians without this Prouince & to exporte the
same from tyme to tyme as he the said John Nuttall shall
thinke fitt or convenient Prouided that if he the said John
Nuttall shall buy or trade for any Corne from any such Indian
or Indians as aforesaid he Doe not exporte the same out of
this Province without Lycence first had and obteyned from our
Leiuetenn‘ or cheife Gouerno' of this Province Prouided alsoe
that the said John Nuttall pay to the Lord Proprietary or his
heires the tenth parte in weight or vallue of all Comodityes
w'soeuer soe traded for either by himselfe or any other person
intrusted by him; and fullfill all such Condicons as are
expressed in that acte concerning Trade with the Indians, And
Doe hereby authorize and impower him the said John Nuttall
to take seize or surprise the pson or psons, Boates vessells or
Trucke of any tradeing in any parte of this Province without
Liber H. H.
peela2
P. 134
Liber H. H.
P- 135
446 Proceedings of the Council of Maryland, 1661-1675.
Lycence of us or our heires or our or their Leiuetennt or cheife
Gouernor for the tyme being And wee doe hereby will and
require him the said John Nuttall in his Custody safely to
keepe the psons Boates vessells or Truck of any pson taken
soe tradeing without lycence vntill they shall be brought to a
legall tryall before our Leiuet' or Cheife Governor of this
Prouince for the tyme being Provided that this lycence unto
the said John Nuttall for tradeing with the Indians shall not be
in force but untill the first Day of January next ensueing the
date hereof Giuen under the greate seale of our s‘ Province of
Maryland this 24° Day of January in the 30‘ yeare of our
Dominion ouer this Province annoq domini 1661 Wittness
our Deare sonne Charls Caluert Esq’
Idem mutatis mutandis to Vincent Atcheson
Idem mutatis mutandis to Andrew Cooke
Idem mutatis mutandis to Cap‘ W™ Boreman
By the Leiuetennant
A Proclamacon for the better observacon of the Acte
Acte for Navigacon and increase of Shipping
For as much as Complaynt hath been made vnto us that
diuers Masters of small Vessells doe come into this Province,
and putt off Goods, and lade away tobaccoes without takeing
notice of the Gouernm' here or of the Acte of Parliamt for
Navigacon and increase of shiping whereby the Gouernmt here
is rendred Contemptible the ends of the said Acte frustrated,
and the Porte duty unpayd, Wee doe hereby strictly charge &
Comand all Masters and Commanders of any Ships or lesser
Vessells of what sise or burthen so euer tradeing within this
Province to come first into St Georges or Patuxent Riuers
and that they p'sume not to breake Bulke or trade with any
person within this Province before they haue been at St Marys
their duely to enter their ships or Vessells respectiuely, and in
euery respect Complyed with the said Acte for Navigacon and
increase of Shipping And further to giue Bond according to
the late Acte of Assembly here, for Complyance with all the
Lawes of this Province, and paymt of the Porte Duty to his
Lo’ as they will answere the Contrary at their perills, And in
case any M‘ or Comander of any Ship Sloope or Vessell as
aforesaid shall in contempt of this Proclamacon or otherwise
attempt to putt off any Goods or other Merchandizes before
they haue been at St Marys and giuen bond as aforesaid We
doe hereby further declare that it shall be at the pleasure of
Proceedings of the Council of Maryland, 1661-1675. 447
the Buyer whether he will pay for any such Goods soe bought Liber H. H.
or not. And Doe hereby Charge and Command all Clarks of
Courts within this Province that they p'sume not to enter any
action for any such Goods soe bought as aforesaid Giuen at St p. 136
Marys this 31 of January in the thirtyth yeare of his Los
Dominion over this Province Annog Domini 1661
Signed Charles Caluert
A proclamation made by Henry Sewall Esq. p. 143
Secretary of this Province for the better
obseruation of conuenient tymes in which
the Jnhabts of this Province may com to
the office in pursueance of their busines.
St Marys this 11° of ffebruary 1661
Wheras there is noe certaine day appointed for the dispatch
of the busines concerning Administrations, rights to land, and
other actions of meum and tuum, and for that reason the
Jnhabitants of this Province doe many tymes loose theire
labours repayreing to s' Marys when the officers in these
seuerall affayrs concerned are absent.
These are to giue notice that the officers concerned in the
businesses afors* will Constantly attend the last thuresday in
euery moneth and one day imediatly followeinge at the ordi-
nary at st Marys, at which place and tyme all persons concerned
are required to attend, and at noe other tyme for the dispatch
of theire businesses as afors* and all the Jnhbts of this Province
are heereby required to take notice of this Proclamation, and
not to importune the officers at other tymes.
signed Henry Sewall Secr.
At a Councell held at St Marys the 19" of February 1661
Present Charles Caluert Esq' Gouernor Philip Calvert Esq'
Chancellor and Henry Sewall Esq? Secr*
Was p'sented this following peticon (viz')
To the Hono”* Charles Caluert Esq’
Gouernor of Maryland
The humble peticon of Hannah Lee Widd
Sheweth
That yo" pet’ haueing promised yo" Honors to keepe Ordi-
nary this Generall Assembly ensueing And haueing noe Corne
to mayntayne her said promise
She humbly desires yo" Honor to grante
her a Lycence to trade with the Indians
for some Corne to make -pvision according
And she as in Duty bound &c.
Liber H. H.
Pp. 137
P: 139
p. 140
p. 141
448 Proceedings of the Council of Maryland, 1661-1675.
Vpon the peticon abouesaid It is ordered that the said
Hannah Lee haue a Lycence granted to Trade with the Indians,
as is Desired for Corne only.
Ordered that Moyses Stagwell be Sherriffe of Talbott
County till the County Co" can meete to p'sent other persons
to the Gouernor & Councell
Feb 18 1661
Com” issued for the peace in Talbott County to Leiuet'
Richard Woollman W™ Coursey Seth Forster James Ringould
Thomas South & Thomas Hinson Junior whereof the two first
are of the Quorum and Moses Stagwell Clk:
April te To the Right honnorable Charles Caluert
ie Esqr. Gouernor of the Province of
Maryland
The humble petition of Major
Georg Colclough.
Humbly sheweth
That whereas there was a Proclamation Prohibitinge the
exportation of Corne without a Lycence put foorth in this
Province.
Your petitioner humbly prayes that your honnor would be
pleased to grant him a lycence to trade for corne without dis-
turbance and hee shall pray &c. ordred that the pet" haue a
Lycence to trade for Corne as is desired.
Lycence inde to the pet" to trade for Corne as vsually.
At a Councill held at St Maris on Tewsday
the second of Aprill 1662. beinge present
The Lieut Generall, Phillip Caluert Esqr Deputy
Lieutenant. Henry Sewall Esqr Secre. Robt Clarck
Baker Brookes, James Neale and John Beateman.
Esqr. Councellors.
Then was presented as sherriffes for st Marys County for
this following yeare Thomas Turner, Edward LLoyd and
Richard willan Gentles.
The Lieut. Gen*" choses M* willan for sher. of st Marys
County.
For Kent County Moses Stagwell, william Richards, and
Richard Blunt, out which the Lieut Generall chose Richard
Blunt Gent Sher. for Kent County.
For Caluert County Thomas Trueman, Thomas Sprigg,
and Thomas Maninge Gent. out of which is chosen Thomas
Trueman.
Proceedings of the Council of Maryland, 1661-1675. 449
For an Arrundell County Edmond Towne-hill, Samuell Liber H. H.
Chew and John Norwood gent, out of which was chosen John
Norwood
For Charles County James Lynsey, Francis Pope and Thomas
Hussey gent, out which was chosen James Lynsey.
For Baltemore County John Collett, John Collyer Thomas
Sampson, out of which was chosen John Collett.
Tabbott County presented John Morgan etc. and John Morgan
chosen sherriffe and Clarck.
Ordered that M’ Styles attend the next Provinciall Court to
answer the remoueinge of Tobaccos belonging to the Country,
Rec* by Gyles Sadleir for his owne vse.
At a Councell held at St Marys 9" of Aprill 1662
Present The Leiutenn' Generall Philip Calvert Esq' Deputy
Leiutenn' Henry Sewall Esq’ Secr'y Robt Clarke Baker
Brooke Ed. LLoyd John Bateman & James Neale Esq*
Councellors.
Ordered that James Clifton John Anderton Edward Hoskins
Thomas Taylor Ralph Dodson Henry Frith, and Rowland
Thornbury be kept in the Sherriffs hands till they finde sufficient
security to appeare att the next Pro“! Co" and for their good
behauiour in the meane tyme & itt is likewise ordered that
John Halfe head J° Pollard & Robt MacckLane doe Enter into
Recognizance to appeare with their wiues att the next Pro”!
Co" to prosecute their Complaynt.
P 145
At a Councell held at St Marys on wednesday the 9° p. 138
of Aprill 1662
Present Charles Caluert Esqr. Gouernor. Phillip Caluert Esqr.
Deputy Gouernor and Chancellor, Henry Sewall Esqr.
Secretary. Robert Clark. Baker Brooke Edward Loyd.
James Neale and John Beateman Esqrs Councellors.
Vppon the oath of John Elzey it is ordered that John Nuttall p. 139
doe giue in Security to appeere at the next Provinciall to cleere
himselfe of the things hee is accused by John Elzey and francis
wright and that M* Beateman doe take the sayd Wrights depo-
sition concerning the same and returne it into the secretary
office.
Aprill the 9° 1662.
Ordered that James Clifton, John Anderton, Ed. Hoskins,
Thom. Taylor Ralph Dodson Hen. Frith & Rowland Thorn-
bury be kept in the sherriffs hands till they finde sufficient
security to appeere at the next Provinciall Co and for their
good behauior in the meane tyme it is likwise ordered that
Liber H. H.
p. 140
p- 149
450 Proceedings of the Council of Maryland, 1661-1675.
John Halfhead, John Polard and Robert Macklane doe give in
security to appeere there likewis to present their Complaint.
The Examination of John Elzey tooke
vppon oath in the Councell the 9° of Aprill 1662.
Sayeth
That that beeinge at Wiccocomaco on the Easterne shoare
certaine of the greate men of that towne came vnto this depot
and sayd that M' John Nuttall had tould them that J this Dep*
and others that came thether to take vpp land did belong to
the County of Accomack. and that wee weare not heere to in-
habit. for that land did belonge to the Province of Maryland.
and if wee weare suffred to seate there amongst them, wee
would serue them as wee haue don our neighbour Jndians at
Accomack, and further this deponent sayeth that hee heard
there was a letter writt to to that effect, and som of M* Reuels
seruants tould this deponent that there was a letter directed to
this Deponent to that effect by m* wright he referring to this
deponent whoe might bee the author. and further sayeth nott
Sworne at the Councell.
April To the honnorable Gouernor and Councell
Peas The humble petition of Maurice Murffee.
Sheweth
That wheare as your Petitioner hath receiued much dammage
to his person with hazard of his life Receiued by Capt" Robert
Troope whereby hee is made in capable of gettinge a liuely-
hood, and by which meanes his Cloathes and what goods hee
brought into the Province weare carryed a way by the vessell
in which hee was imported. Therefore your petitioner humbly
prayeth your honnors to take his present distressed condition
into your serious considerations for sustenance, and for the
cureinge of his wounds by the aboue nentioned Ro Troope,
and your petitioner shall pray
Aprill ditto Ordered that M* Richard Loyd, M* Lucke Gardner,
and Coll. Will” Euens doe take care of the within
mentioned Morice Murffee that they doe provide him dyet,
Cloathes, and lodgeinge, and likwise to see that Jaques Peon
ffrench surgeon doe carefully dress the wounds of sayd murffee
vntill it bee made a perfect cure which sayd charge shall be
satisfyed accordinge as the Provinciall Co" shall order
Then it was ordered that the Commissions for Sherriffs
should be sent with all speede to euery respectiue sherriff,
which are written in his verbis.
Ceecilius &c. Knowe yee that wee reposinge speciall con-
fidence and trust in you M* Thomas Trueman and for that the
hy
,
Proceedings of the Council of Maryland, 1661-1675. 451
County Court of Caluert County haue presented you amongst
three to serue as sherriffe for the said County for this ensueinge
yeare haue constituted, ordained, and appointed you Sherriffe
of the said County and doe by these presents constitute, ordaine,
and appoint you sherriffe of the said County, and to haue all
such priuileges and benefitts as any other sherriffe within this
our Province of Maryland now hath or any other sherriff of
your said County euer haue had, held or enjoyed, or of Right
ought to haue had, held or enjoyed, to haue and to hould the
said office or employmt for one whole yeare to be computed
from the first day of Aprill last past and after till an other
Sherriff by your said County Court to bee presented shall bee
lawfully by pattent constituted, Provided that hee the said
Thom. Trueman doe in open Court in his said County take
the oath off sheriffe heere vnto annexed, and giue Security for
the well dischargeinge of his office and trust according to the
Act of Assembly in that Case provided. Giuen at st Marys
vnder our lesser seale of our said Province of Maryland the
23° of Aprill in the 30° yeare of our dominion ouer our said
Province of Maryland, Annog. domini 1662. Witnes our
deere Sonn and Heire Charles Caluert Esqr our Lieutenant
Generall of our said Province of Maryland.
Jdem mutatis mutandis to M* James Lynsey to bee sherriff
of Charles County.
Jdem mutatis mutandis to M' John Morgan to bee sherriffe
of Tabbott County.
Jdem mutatis mutandis to M” Richard Blunt to bee sheriff
of Kent County.
Jdem mutatis mutandis to M* John Collett to be sheriff
of Baltemore County.
Jdem mutatis mutandis to M* John Norwood to bee sherriff
of An Arundell County.
Jdem mutatis mutandis to M’ Richard Willan to bee sherriff
of St Marys County.
Warrant to M* James Lynsey to take the names of all the
taxable persons in Charles County.
Jidem mutatis mutandis to M* Thomas Trueman Sherriff of
Caluert County.
Jdem mutatis mutantis to M* John Morgan sheriff of Tabbott
County
Jdem mutatis mutandis to M* Richard Blunt Sherriff of Kent
County.
Jdem mutatis Mutandis to M* John Collet Sheriffe of Balte-
mor County.
Jdem mutatis mutandis to M* John Norwood sheriff An
Arundell County.
Jdem mutatis mutandis to M* Richard Willan Sheriffe of
St Marys County.
Liber H. H.
p. 150
Liber H. H.
P- 137
p. 138
452 Proceedings of the Council of Maryland, 1661-1 675.
Lieuten' Generall
At a Councell held at + Present Deputy Lieut. &
St Johns ditto die Secretary
ares This day came Randell Reuell and represented
the State of the plantation seated at Monoakin; and
desired that Course might bee taken for the suppley of the
plantation or continuance of the Comm™ to himselfe and others
Graunted for Grauntinge of warrants and suruey of lands on
that parte of the Province dated 6 of nouember last past, his
relation thereof is in his verbis.
(viz). that there weare now at this present seated there fifty
tithable psons viz at Monokin and Anamessicks a place distant
som fower miles from Monokin, that thy had made an agreemt
with their neighbour Indians viz: the Emperor of Nanticocke.
which they desired mought be by the Gouernor and Councell
confirmed, which is as followeth. viz that the Emperor and his
Jndians weare to haue for euery plantation six match coates to
bee payd by them that seates such plantations. That they
weare to bringe in all runaways for which they weare to receaue
a matchcoate p pole for euery runaway deliuered. that they
should not Kill nor murther any the English, neither should
any English murther any of theirs. That if the Jndians stole
any thing from the English they should pay for: as alsoe the
English should pay for anythinge they stole from the Jndians.
that I case the English lick not of the Dutch tradeinge with
them that they would prohibit the Dutch tradeinge with them
Provided they might be suppleyed with necessarys from the
English. That noe English man whatsoeuer should pass
through theire Quarters without a pass from the Gouernor or
som Magistrat therevnto authorized.
Where vppon it was ordered first that som fitt person be
authorized to conclude a peace with the Emperour of Nanti-
coke vppon the formentioned Articles to bee entred vppon
Rec* and that the Comission for Graunting warr's for land
dated 6° nouember last be renewed to Coll Edmond Scar-
bragh, Randall Reuells, and John Elzey Gent to continue till
his Lop or his Heirs, or his or their Lieut. or Cheife Gouernor
of this Province for the tyme beinge shall recall the same,
vppon the same tearmes as the sayd Commission was to the s@
Edmond Scarbragh, Randall Reuells and John Elzey Graunted
as aforsayd.
And vppon consideration of the two Proclamations the one
for Prohibiting trade with the Indians and exportation of
Corne Dated the 7° day of December 1661. And the other
for the better obseruation of the Act for Nauigation and
increase of shippinge dated 31 January 1661. ordered that
Proceedings of the Council of Maryland, 1661-1675. 453
Coppys of the sayde Proclamations bee deliuered to the s¢ Liber H. H.
Reuell, and that Com” be graunted vnto him and Elzey or
any of them to seize vppon any shipps, boates, vessels or truck
of any persons offendinge against any the Proclamations, or
the Acts to which they doe relate.
Ordered further that a Comission bee Graunted to William
Thorne to comaund the Company of foote to bee leavyed and
raised at Monokin in vsuall forme, and that hee choose his
Lieut and Ensigne Ordered further that a Comission be
graunted to Randall Reuell, John Elzey and William Thorne
to heere and determine any causes to the vallue of 2000! of
Tobacco or vnder and that they make choyce of som man who
may serue in the nature of a Sherriffe or Martiall to bringe
such people before them as shall be delinquent or in debt till
a County bee Erected and further order taken therein.
Lycence to trade for Francis Wright and
Clanson
Com” for Cap" To W™ Thorne to bee Cap™ at Monoakin
and Anamesick
Com to seiz all vessels &c.
Com™ to graunt warrts etc.
Com to keepe the peace to Reuell, Elsey and Thorne.
May vt supra.
Lycence to exporte 4o barrells of Corne out of the
Province to Randall Reuell.
Idem to M' wright to exporte 12 barrells.
Idem to M*‘ Elzey to exporte 12 barrells
May the 3°
Lycence to M*‘ William Caluert to trade with the p. 151
Jndians as it was formerly granted vnto Capt William
Boareman Vt in folio 135. he entred into recognizance vnto the
Lord proprietary for 500! ster.
May 5° 1662
Jdem mutatis mutandis to m" Robt sley. he
Aprill 24° 1662 5 : i
entred into recognizance for 500! ster.
[Choice of an Emperor of the Pascatoways.]
At a Councell held at Portobacke May 15° 1662 p. ra
Present the Lieutenant Generall, the Deputy L'
and Robert Clarke Esqr.
Came halfe the Mangicomaco, and halfe of the Majche-
comaco of Pascatoway nation, to whome it was by the Jnter-
preter Thomas Mathewes Gent. declared that in pursuance
Liber H. H.
p- 142
454 Proceedings of the Council of Maryland, 1661-1675.
of the request to him made the Lieutent Gen*" was now com
to appoint them a Kinge or Emperour, and that hee desired to
knowe whether they weare now ready to joyne with him in
that affayre, and to accept of him for Emperour whome hee
the Lt Gen*" should now chuse.
To whome they repleyed that Wannas theire last lawfull
kinge was by Kitamaquund murthered to the end hee might
enjoy the Crowe by the Right of theire succession Brother
always succeedeinge to the Brother till they be all dead. that
Kitamaquund left noe rightful Heire, where vppon Weghu-
casso was by the English chosen Emperour. hee dyinge with-
out lawfull Heire Vttapoingassenem was by them chosen, and
that now Vttapoingassenem was dead without Heéire alsoe,
wherefor they desired that Wannasapapin the sonn of wannas
might be chosen for theire Empero'
To which they replyed that when they had prepared a howse
and prepared other necessarys for an Emperor then they
would com to the Lieutent Generall and desire him to place
the sayde Wanasapapin in the possession of the Empire ouer
them. ordred that the Mangicomaco of Pascatoway doe pre-
pare all things ready for reception of wannasapapin and that
when they haue all things ready the Mangicomaco doe giue
notice to the lieutenant Generall that hee may appoint a tyme
to place him in the possession of the Gouernm
May the 15° 1662
At a Councell held at Portobacke present Lieutenant
Generall Deputy Lieutenant and chancellor, and
Robert Clarck Esq. Comissioner.
Came Henry Hudson Owner of the Barcke Expedition of
Piscatoway in New England, which sayd Barque was seized by
order from the Gouer” and Councell vppon the late Act for
Nauigation and increase of shippinge and made oath that sayde
Barque was of new England built, and that hee himselfe is sole
owner of her. where vppon it was objected agt him that hee
had shipped Tobacco on board before hee had Entred in Bond
accordinge to the Act of Nauigation or shewed Certificat that
hee had in any other place entred into such bond as afors® the
euidence being Cleere that noe Tobacco was shipped on Board
before seizure.
Ordred that the vessell be deliuered vp to the s¢ Hudson
againe but that for his neglect of runinge to st Marys accord-
inge to the Proclamation for better obseruation of the Act of
Nauigaon he defray the whole charge of seizeinge and secure-
inge the vessell, viz. to Luck Barber 1000 of tobacco, to
James Lynsey 50! to M™ Mountague. 50! To M' Allanson 50.
Proceedings of the Council of Maryland, 1661-1675. 455
John Chareman 50. Sam. Harris 100 Thomas stanbrige 100. Liber H. H.
miles Glouers 50. Thom. Wentworth 50. and that the sayd
Hudson doe putt in Sufficient Security for to appeere at St
Marys there to enten into bond accordinge to the Act of
nauigation and increase of shippinge, and that till such security
be giuen as afors* and that Doctor Barber and the men by him
employed for secureinge of the vessell in this order mentioned
be satisfyed Doctor Luck Barber is heere by impowred to
detaine the sayd vessell
Ordred further that Enoch Doughty be brought downe to
s' Marys there to make oath concerning certaine vnlawfull
goods alleadged to be a board the sayd vessell. and that
Doctor barber doe giue him notice thereof.
May 230 1662. “T’o the Lt Gen™ of the Province of Maryland P. 143
The humble peton. of the souldiers of the Jle of Kent.
Sheweth
That Cap™ Thomas Brednox late of the Jle of Kent deceased,
Receiued for fines to the vallue of six or seauen thousand
pounds of Tobacco w*" hee was to buy Drum and Cullers and
other necessarys for the vse of the Company, which hee hath
not donn but conuerted it to his owne vse. your Petioners
humbly Craues that there may bee an account thereof giuen to
our Cap Will Leeads, and that hee may haue the sd Fines to
buy Drum and Cullors, and to dispose of the remainder for the
vse of the st Company at his discrescion: and your Petitioners
as bound in duty shall euer pray. Subscribed.
John Emkson, John Dobes, John smith, Richard Blunt,
Meeck Bearton, william Price, Cornelius Meateag, John Pusser, p. 144
John Gibson John Winchester, Macom Mecomy, Henry
Hare, will™ Dauis Francis Finch George Collison, Moses
stegoll. Mathew Reead, John Winchester, Thomas Brooke.
Edmond Carphenter, Peeter Pihall, Charles Stoward, Edward
Joanes, Peeter Johnson William Dauis, John White, John
Macrinnon, John Morgan, Richard steuens, Anthony Callaway,
Thomas Hills Thomas Osborne, Allexander Nash, Dell Lonely,
Allexander waters Joseph Newman.
May 230 1662 Lycence graunted vnto Major William Walters
to transporte 30 barrells of Corne out of this Pro-
vince into Virginia dated vt supra and sealed with the lesser
seale.
oe M* William Caluert Lycence to trade with the
1662 Jndians dated May the 5° 1662, to stand in force till the
first of January next.
Hee gaue bond to the Lieut Generall according the comon
forme
Liber H, H.
P- 145
456 Proceedings of the Council of Maryland, 166 I-1675.
[Everett’s scruple of conscience.]
nD “ito At a County Co" held at Seuerne for the County of
od Ann Arundell Nouember the 11° 1661. present
Edward LLoyd Esqr Councellor Samuell Withers, M' Robert
Burle, Roger Grosse Thomas Todd Edmond Townhill Comis-
sioners.
Whereas Captain John Collier came this day to the Courte,
certifyinge the Co" of his inability of body to take a jorney at
present downe to the Provinciall Co" without greate hazard
and endangeringe of his health, desireinge that the Courte
would heere take his deposition, beeinge at present not fitt
nor able to goe downe, but is ready if there be further occasion
for his appeereance to giue his attendance at the Provinciall
Co when hee shall be there vnto required, the Co" therefore
consideringe his present Condion hath taken his Affidauit, and
hath imbouldened them to certifie the same to your honno™ .
Nouember the 11° 1662
Cap™ John Collier aged 33 years or there abouts swoarne in
Court that John Aueret being prest by your Deponent apeered
accordinge to order at the place of Randevous, and then
alleaged hee could not beare Armes by reason of tendernes of
Conscience, wherevppon one John Auery profered to goe in
his place for 600! of Tob which profer the s¢ Aueret refused,
and said hee would not giue a pound: and then went away
from the place of randevous without Lycence, wherevppon
your deponent pressed the sayd John Auery in his place hee
still expecting to haue satisfaction from the sayd Auerett and
further sayeth not
subscribed
John Collier,
veer Lycence graunted ynto William Wright for trans-
1662 : ae ;
porting twenty fiue barrells of Corne out of this Province
by order from the Lieutenant Generall.
Idem mutatis mutandis to William Bourck. by order
vt supra.
ditto die.
At a Councell held at St Marys on fryday
the 6. of June 1662.
Present Charles Caluert Esqr Lieutent Generall, Phillip
Caluert Esqr. Deputy Lieutent Henry Sewall Esqr. Secretary,
John Bateman. Robbert Clarck, Baker Brookes, Esqrs.
Ordered that the list of Tithables bee taken by the respectiue
p- 146 Sheriffs in euery County by the twentith of July: that in the
list the name and sirname of euery tythable person, and the
howse of his aboade bee distinctly sett downe, and one coppy
Proceedings of the Council of Maryland, 1661-1675. 457
of the list fayre written bee immediatly sentt downe to the Liber 1. H.
Gouernor and Councell, and an other Coppy faire written
sett vp in the Court howse at the next County Court in
euery County respectiuely, to stand there the whole yeare. that
if the list bee false it may bee amended, and certifyed to the
Gouernor and Councell before the first day of september.
Then was taken into consideration an ordinance to encurrage
Tanners. ordered in his verbis
An ordinance of the Gouernor and Councell
for the encurragement of Tanners of lether
For as much as the scarcity of shoes and excessiue rate of
them hath beene cheifely caused by the supine negligene of
the people of this Province skilfull in the mistery of tanning
lether whoe haue hitherto chosen rather to plant tobacco then
follow their art and calling, which would haue furnished the
Province in som measure with shoes of his owne manufacture,
and haue beene an example to other tradesmen to follow theire
callings likewise, by which meanes the number of Planters
would bee much lessned, and by consequence the price of
Tobacco much raysed to the apparent aduantage of the trades-
man whoe is to bee payd with Tobacco, as well as of the planter
who plants it and for as much as som persons haue signifyed
theire willingnes to sett on foot that necessary work of tanninge
since the last Assembly, provided they may be secured of a
quantity of hydes sufficient to keepe them at work, and at
reasonable rates, of which they make som difficulty by reason
of the quantity of hydes exported to new England Be it p. 147
ordained by the Lord Proprietary by and with the Aduice and
consent of the Gouernor and Councell, and accordinge to the
power to his said Lordsp in the interuall of Assemblys by his
pattent giuen: that euery person or persons that shall exporte
or attempt to exporte out of this Province any vntanned hydes
after the 20 day of August next, shall for the first offence
suffer 6 monethes imprisonment: and for the second offence
12 monethes imprisonment, and for euer afterward bee debarred
liberty to trade or trafique in this Province. And bee it further
ordained by the authority aforesaid that there be one or more
searchers appointed dayly to attend to search all shipps or other
vessells resorting to or trafiqueinge or tradinge within this
Province or any the people thereof imediately before their
departure out of the Province. and that the Secretary shall not
giue and discharge to any master or commaunder of any ship
or vessell before hee haue a certificat from the searcher that
hee hath duely searched such ship or vessell, and that hee hath
noe hydes on board. And bee it further ordained that euery
Liber H. H.
p- 148
458 Proceedings of the Council of Maryland, 1661-1675.
person that shall tender vnto the sherriff of euery County
respectiuely at his owne howse any hydes, the resptiue sher-
riffes shall accept the said hydes in discharge of rents due to
the Lord Proprietary at these rates followeing, viz, dry hydes at
2° p' and rawe hydes at 1° % =p pound.
ordered that this ordinance be forthwith published by Procla-
mation.
Then it was ordered that Proclamation issue to giue notice
to the Province that they are to pay their rents this yeare to
the respectiue Sherriffes of euery County at the sherriffes owne
howse or at Such other place or places as the sherriffs shall
appoint for his one best conueniency within the respectiue
County: and that in case the rents be not paid accordinge to
the directions of the respectiue sherriffs, that distress shall
immediatly follow. And for as much: as all rents are to bee
payde at st Marys according to the tenor of the seuerall pattents:
his Lordship doth heereby giue one whole yeares notice that if
any tyme after the 25 day of March next any rents or arriers
of Rents shall be behind hand or vnpayd at st Marys according
to the tenor of their pattents that distress shall imediatly follow.
And that his Lordsp haue thought fitt heereby to giue notice
to the end that all persons should provide money or other
Commoditys more portable then Tobacco.
Then it was ordered that this oath should bee tendred vnto
euery person entreng Rights to land vppon Record. :
You shall sweare that these persons heere by you named
weare transported into this Province heere to inhabitt, and that
noe land hath beene taken vp for them Legally within this
Province soe help you God.
Then was taken into consideration a declaration by the Lord
Proprietary of Maryland.
ordered that it bee published as it is heere written.
A declaration by the Lord
Proprietary of Maryland.
Whereas by our declaration of the 22° of September 1658
directed to our then Lieutenant of Maryland wee did require
that in all Grants from vs of Mannors there for persons trans-
ported thither after the 20° of June 1659 there should bee
reserued to vs and our Heirs a rent of two shillings yearely
for euery fifty Acres, and one yeares rent for a fine, and that
in all Grants of land for persons transported after the s* 20t
day of June there should bee reserued one years rent for a fine
to be paid vppon euery alienation of any such land, and to that
end a proviso should bee put into euery Graunt that noe tenant
should alien any part of the land Granted without entring it
one month after in the Provinciall or County Court there and
Proceedings of the Council of Maryland, 1661-1675. 459
that hee should pay the said fine before the alienation, or else the
Alienation to bee voyd. And that our said declaration should
be published there with all conuenient speede, which wee doe
not heere is yet don, and if it be not wee haue reason to take
in ill parte the neglect of those our orders. wee doe heereby
renew them, and recommend them strictly to the care of our
Lieutenant there for the tyme beeinge to see them put in due
execution. And wee doe further add and appoint that in all
Graunts whatsoeeuer from vs for the future of any land there
for or in respect of any person or persons which shall bee
transported thither after the 20" day of June next there shall
bee reserued to vs and our Heirs the rent of two shillings
sterling yearely for euery fifty Acres, and that this our declara-
tion bee forthwith published there for that purpose by our
Lieutenant or Commissioners for the Gouernem* there for the
tyme beeinge. Giuen vnder our hand and lesser Seale at
Armes this 4" day of october in 29° yeare of our dominion
ouer Maryland and in the yeare of our Lord God 1660.
C Baltemore.
Then came Hannah Lee widdow and surrendred the howse
and Plantation at st Marys purchased by the Country.
Ordered that the Chancellor and Secretary take the con-
ueiance therof and that they giue the said Hannah Lee
sufficient Security in the name of the Councell to pay the sum
of Tobacco agreed vppon according to the Act of Assembly:
and that the Chanceller and Secretary shall appoint such con-
ueyances for the Secretarys office as they shall think fitt.
Lycence to Dt George Hack to transporte 20 barrells
June of Corne out of this Province.
At the Court at Whitehall
the 13'" of June 1662.
Present.
Lord Chancellor Earle of Carlisle
Lord Privy Seale Lord Seymour
Duke of Albemarle Lord Hatton
Marques of Dorchester Lord Holles
Lord Great Chamberlain Lord Ashley
Earle of Berkshire S* William Compton
Earle of Portland M’ Vice Chamberlain
Earle of Norwich M' Secretary Nicholas.
Earle of Anglesey. Mr’ Secretary Morice.
Upon reading of a former Order of this Board of the 26" of
May last grounded upon the Peticon of the Planters and
Liber H. H.
Pp. 149
p. 151
eae @
Colonial Pa-
pers. Vol.
XVI, No. 65.
- PIR Or
Colonial Pa-
pers. Vol.
XVI, No. 65.
Liber H. H.
Pp. 151
460 Proceedings of the Council of Maryland, 1661-1675.
Traders to Virginia, declaring that by reason of vast quantities
of Tobacco planted in England & other places, as well as
Virginia, that Comodity is brought to so low a price, as it
hardly payes the dutyes to his Ma‘%* and praying that the
planting thereof may be inhibited within the Capes of Virginia
after the 10 of June 1663 (& so yearly) till the pretended
grievance be remedyed, by planting more staple comodityes of
Hemp, Flax, Pitch Potashes &c: and that no Shipp carrying
any Tobacco shall come forth of the Capes of Virginia before
the first day of May next ensueing. It was then ordered that
the said Petition should be rejected & that their Lord*’s then
declared that thenceforth they would receive no peticon of that
nature; Upon review of which said order (at the instance of
some of the aforesaid petitioners.) Their Lords’* were pleased
to declare that it was not their intention to forbid or discourage
the Merchants and Planters of Virginia from making their
addresses to them, And ordered that the Consideracon of the
whole matter should be resumed on Fryday the 20% of this
instant June at three of the Clock in the afternoon, at which
time as well the said planters, merchants & Traders for Vir-
ginia & all other persons therein concerned as also the Lord
Baltymore, are required to give their attendance, when such
direction shall be given as shall be thought fit
Richard Browne.
as At a Councell held at the Resurrection on the 27°
of June 1662 present Charles Caluert Esqr Lieutent
Generall of this Province Phillip Caluert Esqr Chancellor of
the said Province. Henry Sewall Esqr. Secretary. John Bate-
man. Baker Brookes Esqrs. Councellors.
Ordred that there bee a Pryson built, for the Speedy effect-
inge of which, Carpenters and other Workmen to attend them,
bee pressed the Charges to bee defrayed accordinge to the law
of England.
That whereas the Councell is informed of Seuerall Estates.
which haue beene Giuen for publick and Charitable vses.
ordred that the Secretary doe Jssue out Sommons to all psons
that are intrusted with such Estates to appeere at the next
Provinciall Court, there to giue an account of the said Estates.
[Murders by Indians. ]
At a Councell held at St Mary 28° June 1662 p'sent the
Lieut Gen*" Chancellor and Secretary was Reade
A letter sent from M* Edward Loyde
- vnto the Gouernor on the 20 of June 1662.
Yours of the 14° of this instant Receiued concerninge the
Proceedings of the Councel of Maryland, 1661-1675. 461
man shott at Patapsco I onely heard :p common report was Liber H. H.
dangerously shott with arrowes the people there (whether of
Judgemt or other wise) neuer appleyed them selues to any. J
am now to acquaint you with an accident happened at the head
of the South Riuer, vizt one George Nettlfould his wife and
Kinswoman with two or three smale Children beinge returned
from a Neighbours howse found a Company of Jndians in his
freighted apprehention to the number of twenty they Killed a
boy at worke, (a wench at work with the boy) escaped, the
Jndians makeinge towards the man hee betakes himselfe to his
bote: the two weomen with each a Child vnder their armes
recouered the boate. and soe escapt. Then the Jndians
plundred the howse of these particulars in cloased besides
Seuerall other things. J thought good to send you the list
with as much description as they gaue of them, that notice may
bee taken thereof in case any of them com to the vieu of inter-
preters, traders or any other by way of truck. Questioninge
him what Jndians he thought these to be, hee Kewe not but
thinks not Mataws for they weare a fortnight afore at his
howse, and seemed to bee strangers and Killed him 2 younge
Catle, som suspition of Jndians beinge still aboute the planta-
tions, there is, :p reason whoopeinge and shooteinge is heard,
and Cattle cominge freighted home. The Weomen freinds
com now from theire husbands desireinge ayde and assistance
addinge that theire husbands will bee willinge to doe Seruice
to secure the place. J haue spoke to the Captains to cause
Skouts to be sent forth to scoure the heads of the Riuers, and
if any whatsoeuer refuse to serue then to send to mee, and J
purpose (God willinge) to send them to you to answere euery
such contempt. The Captaines and Scoute men desires
speedily to haue directions from you in case they see any
Jndians whey they may proceede to death if they may not bee
taken otherwise; and likwise what to doe with any such they
cann take and bringe in. J hope this vrgent occasion will
cause speedier and conueyance then formerly.
The County desires earnestly to haue the Acts sent vpp that p. 153
they may bee published and knowen. S' J suppose it will bee
very necessary to inquire and indeauor to procure as much
Amunition as can bee gott least wee bee destitute in tyme of
neede, for J doubt there is greate want of it. J heard nothinge
of your Sloope though J inquired of one that had been at my
Plantation on Freyday last. W' my seruice presented to my
Lord and M’ Sewall, and not forgettinge my due respects to
m’ Caluert I take leaue and Rest.
From M' Brues in Your Honnors to Comannd
South Riuer this 20° of Edd LLoyde
June 1662.
Liber Hi. Hy,
P- 154
462 Proceedings of the Council of Maryland, 1661-1675.
The Councell approued of what M' Edward Lloyde hath
don in orderinge the Captaines to send scouts to scoure the
heades of the Riuers
Ordered that Captains and scouts be speedily sent into other
parts for that purpose. and that Comission bee giuen vnto the
said Captaines and Scouts to kill all Jndians that will not yeeld.
and that notice be giuen to the neighbour Jndians of what
order wee haue giuen to our scouts.
Ordered that all powder and shott bee taken vp for the
Country seruice.
Ordered that all Prisoners that shall be taken be sent to
s' Marys immediatly by water.
Ordered that notice be sent to Collo. Euens of this accident,
and that Maio" Thomas Brookes, and Cap Thomas Manninge
send scouts to the head of Patoxent Riuer, And Maio® Samuel]:
Gouldsmith and Capt" Thomas Howell send Scouts into other
places. and that a letter be sent vnto the Comissioners of
Charles County to giue them notice of this accident, and
To Cap™ Robt Troope at Portobacke to require him to bee
vigilant to take allarmes if any come and a letter to the
Gouernor of new Amsell desireinge him to giue notice to the
Passaionke, and Pichacomica Jndians that wee haue Scouts out
aboute the heades of our Riuers, whoe haue order to kill all
Jndians that doe not yeeld if pursued and to lett them know
the Reason
An other Letter to the Jntrepreters M' Francis Wright and
Jacob to order them to giue notice to the Suscahannoughs of
our scouts, with a list of the goods plundered,
by the Lieut Gen*" Charles Caluert Esqr.
To Major Samuell Gouldsmith.
Haueinge certaine notice that there hath bin of
late one man wounded by som stranger Jndians at
or neere the head of Patapsco Riuer, and an other youth slaine
and a house plundred at the head of the South Riuer by
Jndians alsoe. you are therefore vppon sight heere of to take
speciall care by sendinge out Scouts to the heads of the Riuers
within your diuision (or otherwise as by the aduice of the
Comissioners of your County or the major part of them shall
bee judged conuenient) to secure the peace and persons of the
Jnhabitants within your diuision from the incursions of any
Jndians whatsoeuer, and further to authorize you and all per-
sons vnder your comiannd, the persons of any Jndians not
Allyes of this Province to take and surprize, and in case of
resistance to wound and kill. and J doe heereby further will
and require you to send all prisoners that shall be taken by
you by water imediatly to st Marys, and that you keepe cor-
July 19 1662
Proceedings of the Council of Maryland, 1661-1675. 463
respondence with Edward LLoyd at An Arundell County certi- Liber H. H.
fyinge him as well as vs at st Marys of all your proceedeings.
Giuen at St Marys vnder my hand and Seale. this 1° of July
1662. n
Charles Caluert
To Major Samuell Gouldsmith.
Jdem mutatis mutandis to Cap" Howell.
Jdem mutatis mutandis to Cap" W™ Burges
Jdem mutatis mutandis to Cap™ John Collier
Jdem mutatis mutandis to Cap" Thom. Manninge.
Jdem mutatis mutandis to Major Thom. Brookes.
To the Right Hono’ Charles Caluert Esq’ L* p. 155
Generall of Maryland
The Humble Peticon of Christian Holt als Bonmfield
sheweth That whereas your Peticon’ to all the Jnhabitants
adjadcent is well Knowne to haue brought a Considerable
Estate into your Lordshps Prouince & hath liued in a full &
plentifull manner Till such time as her vnfortunate marriage
hapened w Robert Holt She then haueinge a Considerable
Estate in her Possession. And Whereas Since it hath pleased
God to take away the said Robert Holt he haueinge in his
Life time Confirmed all his wordly good to your Pet" being
inconsiderable to the Valew of what she had when she was
first married to him since w decease of the sd Holt your Pet"
being thus uertually possest by deed of Guift is neuerthelesse
molested & threatned to be turned out of doores into the
Woods by one Dauid Holt his said sonne.
The premises Considered your Pet" humbly begs yot
Hono’s lust & pious Consideracon to redresse her
Injuries she being alwaies ready to giue Such Just
accounts as shall in Law be required of the same
And she as in duty bound shall
Pray
Ordered tht the Peticon is graunted & that the Peticon™
Christian Boniefeild als Holte doe giue the Secretary Suff-
cient security that noe Part of the Estate mentioned either in
the deed of Guift dated March 24 1661 or Peticon, be imbez-
eled before such time as the Court haue determined to whome
the said Estate belongeth.
Att a Councell held att St Marys the 28" of
Nouemb’ 1662 p'‘sent the Leiuetennt Gener"
Chancellour and Secretary
Ordered to Augustine Herman for the receiuinge of ffees
due from Seuerall Inhabitants of Accomack
Liber H. H.
p- 156
P- 157
464 Proceedings of the Council of Maryland, 1661-1675.
Forasmuch as there were diuers parcells of land Suruayed
in Cecilton Riuer in Baltemore County for Nehimiah Couentan
& others inhabitants of Accomacke Condiconally that they
should enter theire rights and Seate the sayd land by a time
limitted as by the warr’s Vpon Record more at large appeareth
which Condicons are yet unperform’d for the better Security
of those parts it is therefore Ordred that it shall bee lawfull
for any persons whatsoeuer to take up the Said land in the
Same Quantityes as the were Suruayed for the said Nehimiah
Couentan and the rest of the Inhabitants of Accomacke afore-
said paying unto M* Augustin Herman the Seuerall & respec-
tiue ffees by him payd unto the Suruay" Generall for Suruay-
ing the respectiue parcells and entring rights for & seating the
said land within twelue months next after the date of this
Order, This 20'* of Nouember 1662
Signed Hen: Sewall Secre-
Att a Councell held att St Marys this 5‘ day of Decembt
1662, P'sent the Leiueten' Generall Phillip Calluert Esq'
Chancello" Henery Sewall Esq’ Secretary Iohn Bateman Esq'
Mr’ Baker Brookes Councellors
To the Hon? the Leiuetent Generall
The humble Peticon of Phillip Caluert Esq’
Sheweth
That yo" Petitioner hath for some yeares past held and payd
rent for the Mannors of Morton and Swale in Baltemore County
without making any proffitt of them, that yo" Pet" Suruay’d the
Mann’ of Swale meerely as a Conuenience to the Mannt of
Morton without which it is noethinge worth unto hime, Yot
Petitioner therfore humbly prays that in regard his Lordsp
hath a desire to haue the Pattent Surrendred of the Mann’ of
Morton to the Jntent ther to build a Towne yo" Petitio" may
haue Lycence to Surrend' the Mann’ of Swale allso and that
you will grant Warrant for Soe much land to hime in any other
place not reseru’d for his Lordspe nor Suruayed for others and
hee shall pray &c°
Ordered that Phillip Caluert Esqr haue a warrt for two
thowsand acres of land in one or more places in any parte of
this prouince not formerly taken up nor reseru’d for his Lordsps
use, In Exchange of the said manno’s of Morton and Swale wt
like priuiledges as the s¢ manno’s had
ea ee Memorand™ this day Came Philip Caluert Esq' and
prout endorsement
Proceedings of the Council of Maryland, 1661-1675. 465
Then Came Iames Iolly and desired to haue a lease for Liber H. H.
twenty One yeares of the State house att St marys to keepe
Ordinary therin and to haue the house repaired
Wherupon the Gouern™ and Councell ordered that Iames
Jolly haue a Lease of the aboue said howse for One and twenty
yeares hee CondicOdning to repaire the said howse and to keep
it tennantable for the said terme Jn Consideracon of which the
Gouern" and Councell haue Ordered the s* James lolly for to
haue ffiue thowsand pownds of tobacco And for the said
Jollyes better encouragem! what is due from the Widdow Lee
And the Leiuetn' Generall hath likewise engagede before the
Councell to pay the said James Jolly ffiue thowsand pownds
of tobacco more in Consideracon of the aboue saide premisses
[Denization of B. Brasseuir. ]
Ceecilius absolute Lord & proprietary of the prouince of
Maryland & Aualon Lord Barron of Baltemore &c. To all
persons to whome these presents shall come Greetinge In our
Lord God Euerlasting Wheras Benojs Brasseuir late of Virginia
and Subjcet of the Crowne of france hauing transported hime-
selfe his wife and Children into this Prouince here to inhabite
hath besought us to grant hime the said Benojs Brasseuir leaue
here to inhabite and as a free Dennizen freedome land to hime
and his heires to purchase Knowe yee that wee willing to giue
due encouragement to the Subjects of that Crowne Doe hereby
De Clare them the said Benojs Brasseuir his wife & Children
as well those allready borne as those hereafter to bee borne to
bee free Dennizens of this our prouince of Maryland And doe
further for us our heires & Successors straightly Enioyne Con-
stitute ordeine and Command that the said Benojs Brasseuir
be in all things held treated reputed and esteemed as one of
the faythfull people of us our heires & Successors borne within
this our prouince of Maryland And likewise any lands Tene-
ments Reuenues Seruices and other heriditam's whatsoeuer
within our said prouince of Maryland may inhirite or otherwise
purchase receiue take haue hold buy and possess and them
may occupie and enjoy Giue Sell alyen and bequeath as like- p. 158
wise all libertyes franchises priuiledges of this our prouince of
maryland freely quietly and peaceably haue and possess occupie
and enjoy as our faythfull people borne or to bee borne within
our said prouince of maryland without the lett molestations
uexacon trouble or Greiuance of us o' heires and Successors
any Custome to the Contrary hereof in any wise notwithstand-
ing, Giuen att St Marys under the great Seale of our said
prouince of maryland this fourth day of Decemb' in the One
and thirtyth yeare of Our Dominion ouer the said prouince
Liber H. H.
P- 159
p. 160
466 Proceedings of the Council of Maryland, 1661-1675.
Annoq Domini One thowsand Six hundred Sixty two Wittnes
our deare Sonn and heire Charles Caluert Esq* Our Leiuetenn'
of Our Said Prouince of maryland
Signed Charles Caluert
Charles Caluert Esq Captaine Generall of all the Forces
within this prouince of maryland under the Right Hon’
Ceecilius absolute Lord and proprietary of the same, To Cap-
taine Richard Woollman Greeting, According to the power to
mee by his saide Lords? Committed and upon the Speciall
trust and Confidence J haue in your fidelity Circumspectione
Courage and good Conduct I doe hereby constitute ordeine
and appointe yow Captaine under mee of the forces in Talbott
County them to muster Exercise and traine up in the art of
warr and discipline military And in all things to doe as any
Captaine of a Company of foote may or of right ought to do
to the resistance of all Enemyes suppression of all mutinyes
insolencyes insurrectiones and rebellions whatsoeuer according
to Such Orders and directions as you shall from time to time
receiue from mee and to that end to list such and soe many of
the inhabitants within the precincts aforesaid as yow thinke fitt
and them when and as often as yow shall thinke conuenient to
muster and traine soe that they may bee in readyness as occa-
sione shall require to attend my further Commands with fitting
Armes and amunitione for the purpose aforesaide, To haue
and to hould to the said Office and Comand till the Lord
Proprietary or his heires or his or their Leiuetent Cheife Gouen™
or Captaine Generall for the time being Shall Signifye his or
their pleasure to the Contrary And all persons whatsoeuer are
hereby strictly and required to yealde all due Obedience to yow
the said Cap‘ woollman in all things appertaining to the
Comand and Office hereby conferred on yow as they will
answer the Contrary Att their perrell Giuen under my hand
and Seale this Sixth day of Decemb' in the One and thirtyth
yeare of his Lordsps Dominion ouer this Prouince Annoq
Domini One thowsand Six hundred Sixty Two
Signed Charles Caluert
[Denization of Isaack Bedlo. |
Ceecilius &c. Whereas Isaack Bedlo late of England And of
Dutch Parents, hauing transported himselfe into this Prouince
here to Inhabite and as a ffree dennizen freedom land to hime
& his heires To purchace, Know yee that wee willing to giue
due encouragem' to the Subjects of that nation Doe hereby
declare him the said Isaack Bedlo to bee a free Dennizen of
this o" Prouince of Maryland And doe further for us our heires —
Proceedings of the Council of Maryland, 1661-1675. 467
& Successors straightly enioyne Constitute ordeine & Com- Liber H. H.
mand that the said Isaack Bedlo be in all things held treated
reputed & esteemed as one of the faythfull people of us o°
heires & Successors borne within this o' Prouince of Maryland
& likewise any lands tenements Reuenues Seruices & other
heriditam's whatsoeuer within o" said Prouince of Maryland may
inherite or otherwise purchace receiue take haue hold buy &
possess And them may Occupye & enioy giue sell Alyen &
bequeath as likewise all libertyes franchices & priuiledges of
this o" Prouince of Maryland freely quietly & peaceably haue &
possess Occupye & enioy as any of o° faythfull people borne
or to bee borne within o* said Prouince of Maryland without
the lett molestacoOn uexacon trouble or greiuance of us our
heires & Successors any Custome to the Contrary hereof in
any wise notwithstandinge Giuen att Sainte Marys Vnder the
greate Seale Of our Said Prouince of Maryland this twenty p. 16:
third Day of January In the One & thiretyth yeare of Our
Dominion Ouer the said Prouince Annog. Domini One Thow-
sand Six hundred Sixty Two. Wittnes our Deare Sonn &
heires Charles Caluert Esq’ our Leiuetent of o° said Prouince
of Maryland
Signed Charles Caluert.
Ceecilius &c. To all people to whom thes p'sents shall come
Greeting in of Lord God Euerlasting Know yee that wee
reposeing much trust and Confydence in the Care dilligence &
integrity of John Nuttall And willing to Comply
with hime in his request & desire Doe hereby
giue & grant to hime the said Iohn Nuttall Liberty Lycence
and Commission to trade with any the Inhabitants of this
Prouince ffor any Beauers ffurrs skinns or any other Comodi-
tyes whatsoeuer, And to that end it shall bee hereby Lawfull
for hime the Saide Iohn Nuttall to pass upon or through any
riuer or Creeke or other Passage through any parte of this
Prouince to trade for any Such Comodities with any Indian or
Indians without this Prouince and to Exporte the same from
tyme to tyme as hee the said John Nuttall shall thinke ffitt or
Conuenient Prouided that if hee the s* In° Nuttall shall buy or
trade for any Corne from any such Jndian or Jndians as
afores* Hee doe not export the same out of this Prouince with-
out Lycence first had & obtained from o* Leiuetennt or Cheife
Gouerno’ of this puince Prouided allsoe that the said Jn° Nuttall
pay to the Lord Proprietary or his heires The tenth part in
weight or uallue of all Comodities whatsoeuer soe traded for
either by himselue or any other person intrusted by hime And
fullfill all such Condicons as are expressed in that Act Con-
cerning trade with the Indians And Doe hereby authorize &
January 23: 62
Liber H. H.
p. 162
p. 163
468 Proceedings of the Councel of Maryland, 1661-1675.
impower him the said John Nuttall to take Ceize or Surprize
the person or persons Boates uessells or trucke of any trading
in any part of this Prouince without Lycence of us or o* heires
or our or their Leiuetennt or Cheife Gouernot for the tyme
being And Wee doe hereby will and require him the said John
Nuttall in his Custody Safely to keepe the persons Boates
Vessells or trucks of any person taken soe trading without
Lycence untill they shall bee brought to a legall tryall before
o* leiueten‘ or Cheife Gouerno’ of this Prouince for the tyme
being Prouided that this Lycence unto the said John Nuttall
for tradeing with the Jndians shall not bee in force but untill
the twenty thirde day of January next ensueing the date hereof.
Giuen under the great Seale of our said Prouince of Maryland
this twenty third day of January in the One & thirtyth yeare
of our Dominion ouer this Prouince Annoq Domini One thow-
sand Six hundred Sixty two Wittnesse our deare Sonn &
heire Charles Caluert Esq' Our Leiuetent Generall of o° said
Prouince of Maryland
Signed
Charles Caluert
The s* John Nuttall entred on Bond &c:
Wheras J am informed that certaine Sloopes &
other Vessells come into yo County & transport
away Tob. before they enter their Sloopes Contrary to the Act
of Nauiga*on, & the Act Order & Lawes here established,
These are therefore in his L’* name to authorize yo” to examine
all & Euery p'son attending in any Sloope or other Vessell
carrying & attempting to export Tob. & not shewing Certificate
of their Entry here, That then yo cause them to putt in good
sufficient security that win Ten dayes att least they come
eyther before the Leiutt Grall, of this Prouince, or the Secretary,
& there make Entry of such Sloope or other Vessell as afores®
And if in case yow find any that haue loaded any Tob aboard
their Vessells, & not shewing Certificate of such their Entry
That then yo” seyze the same, & cause both the Vessell
together w® the Tob. soe seized by yo”, to bee conueyed &
brought unto the Leiut' Grall, to bee by him & the Councell
determined and iudged of according to the s* Acts & Orders
here. Gyuen under my hand, & the lesser Seale of the Prouince
this 31 Januarij 1662.
To m, Richard Collett Signed
in Caluert County. Charles Caluert
January 31°
[Immigrants from Virginia. ]
fieb. 40 Charles Caluert Esqt Leiutent & Cheife Gouerno' of
the Prouince of maryland under the Rt Hon Ceecilius
Proceedings of the Council of Maryland, 1661-1675. 469
Lord & Proprietary of the same. To all p'sons to whom these Liber H. H.
p'nts shall come Greeting in Our Lord God Euerlasting Know
Yee tht taking into Consideracon the Petition of diuers p'sons
well affected to this Prouince now or late Jnhabitants of North-
ton County, otherwise called Accamack in Virginia, who are
desyrous to transplant themselues & families into this Prouince.
And for the more speedy & effectuall prosequudn of his s¢ L*
Command to mee to see that part of this Prouince next ad-
ioyning to the County afores* poepled. And for the ease &
benifit of all such p'sons who shall transplant themselues into
this Prouince from Accamack afores’ J haue nominated con-
stituted & impowred & doe by these p'nts nominate constitute
& impower John Elzey, Randall Reuell, & Stephen Horsey, or
any I'wo of them, being w'"in this Prouince to graunt War
for Land, (during the tearme of Three months next ensuing
the date hereof) uppon the Easterne shoare of this Prouince in
any part below Choptanck Riuer. That is to say ffifty Acres
for Euery p'son transplanted uppon such Condicons & tearmes,
as are expressed in his L?* Condicons of Plantadn now remayn-
ing uppon Record regulated according to his L®* Declaraon of
the 22'* of septemb‘ 1658. now uppon Record allso. Prouided
that Euery p'son clayming any Land by uertue of the
Condicons aforest for & in respect of ‘the transportaon
of any p‘son or p‘sons into this Prouince, Doe before p. 164
the s* John Elzey, Randall Reuell & Stephen Horsey or
any Two of them, & being win this Prouince, take the Oath
of ffidelity by the s* Condicons of Plantadn requyred. W° s?
Oath the s* John Elzey, Randall Reuell, & Stephen Horsey, or
any I'wo of them, are hereby impowred to administer, to all or
any the p'sons desyrous to transplant themselues as afores?,
before they shall haue any Warr's graunted unto them respec-
tiuely. And allso Prouided that all such p'sons as shall haue
any war* graunted be accomptable to the Secretary for the
time being for all such ffees, as for the s¢ War's & Entryes shall
become due. And the s* John Elzey, Randall Reuell & Stephen
Horsey, are hereby requyred to keepe a Booke of all such Rights
& wor's as shall bee by them or any of them graunted, distinctly
recyting the name & sirname of Euery p'son for & in respect
of whose transportaon they haue allowed any Land. And the
same att the end of the Three months afores‘ to Returne into
the Secretaries office signed w'® their hands. And for as much
asin a place now poepled some differences may betweene p'ty
& p'ty arise, or crimes be p'petrated & committed. ffor the
Conseruadn of the Peace, & better Gouerm' of the Poeple
there residing. Wee doe hereby impower the s‘ John Elzey,
Randall Reuell & Stephen Horsey, or any Two of them to
heare and Determine all Causes not exceeding Two Thowsand
Liber H. H.
p. 165
p. 166
470 Proceedings of the Council of Maryland, 1661-1675.
pownds of Tob. As allso to cause to bee apprehended &
punished any Criminall offending agSt any the Lawes of this
Prouince Prouided they proceed not to take life or member,
Gyuen att St Maries under the lesser Seale of this Prouince
this 4" day of ffebruary, in the One & Thirtith Yeare of his
Ls Dominion ouer the s? Prouince. Anog Dni 1662.
[Denization of Emperour Smith and others.]
ffebruary Ceecilius Absolute Lord & Proprietary of the Pro-
ne uinces of Maryland & Aualon, Lord Baron of Baltemore
&c: Toall Persons to whom these p'nts shall Come Greeting in
Our Lord God Euerlasting. Whereas Emperour Smith Subiect
to the States of Holland, hauing transported himselfe into this
Prouince here to inhabite, & as a ffree Dennizen ffreedome
Land to him & his heyres to purchase. Know yee tht Wee
willing to giue due encowragem* to the subiects of that Nation.
Doe hereby declare him the st Emperour Smith to bee a ffree
Dennizen of this Our Prouince of Maryland. And doe further
for Vs our heyres & Successo’ streightly enioyne Constitute,
ordaine & command That hee the st Emperour Smith bee in
all things held, treated reputed & esteemed as one of the
ffaythfull Poeple of Vs our heyres & Successo’s borne w'*in this
our Prouince of Maryland. And likewise ariy Lands, tenem's,
Reuenues Seruices & other hereditam's whatsoeu’ win our s@
Prouince of Maryland may inherite, or otherwise purchase,
receiue take haue hold buy & possesse, & them may Occupy
& enioy giue, sell alien & bequeath, as likewise all Liberties &
ffranchises of this Our Prouince of Maryland freely quiettly
& peaceably haue & possesse, Occupy & enioy as any of Our
ffaythfull Poeple borne or to bee borne w*in Our s* Prouince
of Maryland, w‘*out the lett, molestaOn uexaodn trouble or
greiuance of Vs our heyres & Successo® Any Custome to the
Contrary hereof in any wise notwstanding. Gyuen att St
Maries under the Greate Seale of Our s* Prouince of Maryland
this seauenteenth day of ffebruary in the 21" yeare of Our
Dominion ouer the s* Prouince Andgq Dai 1662. Wittnes
Our Deare Sonne & heyre Charles Caluert Esqr our Leiutt of
our s* Prouince of Maryland.
Czcilius &c. To all persons to whome these p'sents shall
come Greeting In ot Lord God euerlasting Wheras Barnard
Vbben Subject to the States of Holland hauing transported
himselfe his wife and Children into this prouince here to
inhabite hath besought Vs to grant him the said Barnard
Vbben leaue here to inhabite and as a free Dennizen ffreedome
land to him & his heires to purchace Know yee that Wee
Proceedings of the Council of Maryland, 1661-1 675. 471
willing to giue due encouragm' to the Subjects of that nacon,
doe hereby declare them the said Barnard Vbben his wife &
Children as well those allready borne as those hereafter to be
borne to bee free Dennizens of this 0" prouince of Maryland
And doe further for Vs o* heires & Successo™ Streightly
enioyne Constitute ordeine & Comand that the s* Barnard
Vbben bee in all things held treated reputed & esteemed as
one of the faythfull people of Vs o* heires, & Successo™ borne
w"in this o" prouince of Maryland and likewise any lands
tenements Reuenues Seruices & other hereditam‘s whatsoeuer
within o* said prouince of Maryland may inherite or otherwise
purchase receiue take haue hold buy & possess & them may
Occupie & enioy Giue Sell alyen & bequeath as likewise all
libertyes franchices & priuiledges of this 0” prouince of Mary-
land freely quietly & peaceably haue & possess Occupie &
enioy as o° faythfull people borne or to bee borne within o* said
prouince of Maryland without the lett molestacon uexacon
trouble or Greiuance of us o* heires & Successors any Custome
to the Contrary hereof in any wise notwithstanding Giuen
att St Marys und* the Greate Seale of the said prouince of
Maryland this 17 day of ffeb. in the 31 yeare of our
Dominion ouer the said prouince Annoq Domini 1662 Wittnes
o’ Deare sonn & heire Charles Caluert Esq? Our Leiuetennt of
o* said Prouince of Maryland
Commission issued to Captaine Hugh Neale of Charles
County to bee Captaine of the Company late und the Comand
of Captaine Christopher Russell &c. Giuen under my hand
and seale this 20 day of ffeb"™ 1662
Signed Charles Caluert
Att a Councell held att St Johns 20 ffeb. 1662.
Leiutt Grall, Philip Caluert Esq* Chancello' Henry
Sewall Esq’ Secr. m* Baker Brooke m* John Bateman.
ffeb. 2oth
Vppon debate of the Councell, who shall bee appoynted
Commis® on th‘ part of the Easterne shoare newly seated, &
adioyning to Virginia
Ordered tht m™ John Elzey & Stephen Horsey be continued.
That Randall Reuell bee out. And tht William Thorne &
Cap‘ John Odber bee ioyned to m* John Elzey & Stephen
Horsey in the s* Commis?
Siameeats Commis" to Capt Hugh Neale in Charles County
ee (under Co" Will™ Euans) Mutatis Mutandis ut est in
fol23
Liber H. H.
p. 167
Liber H. H.
472 Proceedings of the Council of Maryland, 1661-1675.
Att a Councell held att Dela Brooke
in the County of Caluert this 19%
March 190 day of march 1662.
Pt Charles Caluert Esq’ Gouerno'
Henry Sewall Esq’ Secr.
John Bateman Esq' =
Baker Brooke Esq' a
Ordered tht a Speciall Court bee held att S Leonards in
Caluert County on Twesday the last of this p'sent Month to
try the p'son of Patrick Dew. Who lately murthered the
Body of Richard Morton. -
War‘ mde to the sheriffe to summone the Wittnesses
War‘ to ditt to summone Capt Thomas Manning as
Attorney Grall to preferre a Bill of Jnditemt agst the s¢
Patrick Dew for murthering the s¢ Rich: Morton.
Wart to ditt Sheriffe to summone 30 p'sons for Jurors
to try the s* Patrick Dew.
1663.
Commis to Cap‘ Will™ Boareman, for trading wt
the Jndians. Jdem mutatis mutandis vt est fol? 161°
to John Nuttall.
March 25.
The Bond for those to giue who haue Comis*
to trade w" the Indians.
This day came Capt Will" Boareman Gent® & acknowledged
himselfe endebted unto the Rt hon** the L¢ Prop* of this
Prouince in the iust & full sume of fiue hund? pownds sterl. of
lawfull money of England to bee payd att or afore the da
of next ensuing the date hereof in Case hee the s* William
Boareman shall not come & yeild up a p'fect & true accompt
of the Tenth part in weight or ualue of all Comodities what-
soeu' traded for with any Jndian or Jndians whatsoeu' eyther
by himselfe or any other p'son intrusted by him unto the L@
Prop’ of this Prouince or his heyres, or his or their Leiutt or
Cheife Gou" for the time being. Or any other Officers or
Officers by him or them impowred therein, when hee thereunto
shall bee lawfully called. And in Case hee doth trade for any
Corne hee doe not export the same out of this Prouince w*out
Lycence first had & obtayned from the Leiutt or cheife Gout for
the time being. And doe not fullfill all such Condicons as are
expressed in the last Act Concerning Trade w® the Indians.
ffor the w** paymt well & truly to bee made and done hee the
s* Will™ Boareman doth bind himselfe his heyres Exec’s
Admist™ & assignes firmely by these p'sents. & doth here-
unto sett his hand & Seale this 25° day of March 1663.
Proceedings of the Council of Maryland, 1661-1675. 473
Whereas J am informed tht Certaine Barks, Catches Liber H. H.
oopes & other Vessells come into this Prouince to » 19
trade & transport away Tob out of the Prouince before they
come & enter such their Barks Catches Sloopes & other
Vessells as afores* Contrary to the Act of Nauigaon & the Act
& Orders of this Prouince in tht Case Prouided. And reposing
speciall trust & confidence in the integrity of yo” Richard
Collett J doe hereby authorize yo” & likewise impower yo” the
s* Richard Collett to examine all & Euery p‘son or p'sons
attending on, or sayling in such Barke, Catch, Sloope or other
Vessell carrying or attempting to eaport away Tob. out of the
Prouince & not shewing Certificate of their Entry of such
Barke Catch Sloope or other Vessell in this Prouince, That
then yo” cause all such persons attending on or sayling in such
Vessells as afores* to putt in good & sufficient security that
win Ten dayes att least they come eyther before the Leiutt
Grall of this Prouince & the Secretary, & there before them
make entry of such Bark Catch, Sloope, & other Vessell as
afores*. And in Case yo” shall find know or heare of any
Barke’ Catch Sloope or other Vessell not hauing made entry
thereof in this Prouince, & exporting, or attempting to export
Tob. out of the Prouince, yo” surprize & seyze the same, &
cause both the Vessell & the Tob. soe laden on Board, & soe
seized by yo” to bee conueyed & brought unto the Leiutt Grall,
to bee by him & the Councell determined & iudged according
to the Acts & Orders here And further J doe hereby impower
yo” the s* Rich: Collett (in such Case yo” shall iudge it need-
full & requisite) to presse Men Ammunition & Armes for the
more speedy surprizing & seising such Barke, Catch Sloope &
other Vessell exporting Tob hence, & not hauing made such
entry as is requisite, Contrary to the Act of Nauigaon, & the p. 170
Law & order of this Prouince Gyuen att St Maries this 27° day
of March 1663.
March 27 S]
Signed.
Att a Councell held att St Johns 8° Aprill 1663.
Pott Leiut Grall ]
Philip Caluert Esq'
Henry Sewall Esq j
Mr’ Baker Brooke
[Scarborough’s Proceedings. ]
was read a Ire from Mr” John Elzey to M" Sewall
Hond Sts By the last oportunity of Conueyance w® was by John
Anderson, Wee gaue yo' hon® acct of what Co" Scarborough
writt to M* Reuell, as Concerning their Claime to this place.
Liber H. H.
p- 171
474 Proceedings of the Council of Maryland, 1661-1675.
& haue euer since exspected some Jnstructions from the hon**
Leiut Grall how Wee should answere him, if hee should come
up. But as yett can heare none. _
S‘ since tht time of writing my busines drawed mee downe to
Accamack, where Co! Scarborough arrested me att his Mats
suite, & made his demand of Obedience & Rights for Land
The Copie whereof J haue here enclosed, & the Copie of my
answere to it, w'® out w™ J could not haue done my busines,
nor haue returned home before J had beene att James Towne.
Where J doe beleiue it would haue beene exacted more p'ticu-
larly. Co" Scarborough telling mee, tht my answere was like
to tht of the Diuell of Delphos. When hee had my Responce
hee told mee That if hee could hee would bee up w** us before
James Towne Court,.if not presently after, & make the same
demand of euery p'ticuler p'son, & on denyall would according
to his Order sett the Broad Arrow. on the howse of him that
should refuse to giue a satisfactory answere, & promises greate
protection, on submission.
Now J beseech yo" hon’ tht yow will w' what speed yo” can,
urge his L? to consider our Condicon, how Wee lye betweene
Sylla & Charibdis, not knowing how to gett out of this Labarith.
J could not understand but th' hee doth intend to come up wt
a Competent Company to force us, who are not in a Capacity
to defend our selues agst the Pagans, who doe grow uery in-
solent, & tells vs that Wee are Lyars, & tht our greate Men
care not for us, because th' none of them comes to us. J would
gladly haue wayted on yo" hon’ but cannot att p'sent, by reason
of an extreame Cold, th' hath seised in mee. But because J
would not haue these Miscarry, J haue sent my freind, by whom
I shall exspect your answere to the satisfaction of all the Jn-
habitants, who doe much desyre to serue his L? faythfully, &
liue quiettly under his Protection & gouerm' To enioy thatt
little goods they haue in peace, & not haue it Macerated &
torne from them because they are ignorant. Thus hoping yo
will thinke of us and prouide for o' safeties, that, cannot helpe
our selues. J shall omitt att p'sent what further discours J
haue heard, vntill it shall please god that J see yo” & rest
Monanoakin this ® of yo" hon® euer ffaythfull
march 1662. & ready seruant
John Elzey.
Col Scarboroughs demand.
Mr’ John Elzey
This day as J am his Mat** Treasurer & substitute J doe
demand of yo” Obedience & acknowledgmt to his Ma’ dues
in poynt of Right for Land & Gouermt w® though hitherto
uppon some reasonable p'tences yo” haue declyned. J haue
Proceedings of the Counctl of Maryland, 1661-1675. 475
uppon better information & doe by these p'sents demand yo Liber H. H.
immediate Obedience to his sacred Ma'’ in poynt of Right for ®: 17?
Land & gouerm', to w™ yo" answere & Submission is requyred
by mee his Mass Officer this 23' of ffebruary 1662.
EAS:
Vppon some delayes & Scruples made by Mr’ John Elzey
J demand Right of Land in & uppon the place where hee
lyueth, & subiection to his Mat Gouern" being in a place now
called Monanoakin, formerly in Smiths Map Wicocomoco Riuer
Mr’ John Elzies answere
Mr’ Scarborough
Honowred S' hauing perused yo" demand of Obedience &
acknowledgm‘* to his Mats dues in poynt of Right for gouermt
I can giue noe other Responce then this That J shall decline
as long as J liue all authority tht shall be deriued from him his
heyeres or lawfull successo's & am & shall bee allwayes ready
to yeild Obedience to then tht is or shall bee o" Gout by any
authority graunted from him, or any of his Lawfull successo’,
& will willingly pay all such Rights & dues as shall bee law-
fully demanded of mee, whither in Right of Land or otherwise,
& soe shall J subscribe this 23" of ffebruary 1662.
fo
Vppon reading of this letter, Jt is Ordered That a Letter bee
sent to S' Will™ Barkeley Gouerno' of Virginia from the
Gouernot & Councell here, signifying unto him Co! Scar-
boroughs demands of Obedience & acknowledgmt to his Ma'Y
in poynt of Rights of Land from the poeple inhabiting att
Monanoakin, & Anamessceks, as well as submission to his
Ma** Gouerno' of Virginia. And th‘ on their part, they would
appoynt a time When Wee on our part shall attend on them p. 173
to Determine that place w* shall bee accounted Watkins Poynt,
according to his Ls Patt' for Maryland.
Vppon Jnformaon gyuen to the Councell That Capt Samuel
Tilghman hath uttered sundry scandalous, Contemptuous &
seditious words agst the Gouerno" & Councell, & the proceed-
ings in the gouernt of this Prouince
Ordered th‘ a speciall writt bee fortw gyuen out, to arrest
the s* Cap‘ Tilghman to appeare eyther by himselfe or Attorney
att the next Prouinciall Court to bee holden att St Maries 2° Junij
next to answere such his contemptuous speeches as afores@
And in Case hee depart the Prouince before tht time Then that
his Attorney bee lyable to such Censure as shall bee then im-
posed & Ordered by the Court.
Liber H. H.
P. 174
t,t a
476 Proceedings of the Council of Maryland, 1661-1675.
Aprill 280 Commis* Exiuit prout in Ordine to Councell to M'
John Elzye M* Stephen Horsey, M* Will Thorne,
Vid. fol. 167. & Capt John Odber. vt supra in Ordine.
[Over-production of Tobacco. ]
St Will™ Berkeley his Letter to the Leiut'
Grall of Maryland.
Right Honourable. ;
What necessities the Jnhabitants of these parts of his Mats
Dominions groane under by reason of the contemptible ualue
of Tobaccoe, The only Comodity wee haue yett fownd to
subsist by. J thinke yo" owne sufferings as well as ours giue
yo” such sensible though sad experience of, that J haue noe
need to use any other Arguments to euidence the truth of the
Demonstraon. And as little to proue That the greate quan-
tity made, is the only cause of the inconsiderablenes of the
rice.
: This St Comeing to his Ma‘** knowledge, whose gratious
Care extends to the remotest parts of his Dominions hee was
pleased by his last instructions to mee, to propose to his Coun-
cell here, the languishing condicon of this his first & most
hopefull Colony. And among Our selues to Consider of some
such Expedient, as might giue a stopp to that ruine which
w'rout it must ineuitably fall uppon us.
His sacred Ma’ being allso sensible that the Plantaon of
Maryland is soe incorporated w't this in Jnterest of Trade
That noe effectuall remedy can bee applyed to one wout the
complyance of the other. Was pleased therefore to giue us
directions to treate w'* yo” about it.
Jn Obedience to these Royall Comiands J and the Councell
here haue considered of the meanes of Redresse, & authorized
the Gentlemen of the Councell Co! Richard Lee, Co" Robert
Smith, Co" John Carter, & M* Henry Corbin our Commis* to
communicate our Results to yo", & appoynted the Eleuenth
day of May next to bee the time, & the County Court howse
of Northumberland County the place for Conference.
My earnest desyre is tht yo" hono' would not fayle to appoynt
other Commis" to meete them att that time that J may by this
shipping render an account to his Mat’ of the issue of our
Consultadn, who J am sure expects it. And hath commanded
mee to giue it. And further to certify him of yo" Acceptance
or Refusall, Vppon w™ his ma‘Y himselfe hath promised to
apply a suitable remedy.
I hope S* yo" owne -Concernem'* wout enforceing other
Argum* will induce yo" to p‘forme my desyre of this meeting,
att w® I question not but such probable meanes of repayring
Proceedings of the Council of Maryland, 1661-1675. 477
the ruinous State of these two neighbo" Plantaons will bee Liber H. H.
proposed as shall find in yo” a ready embracem‘ and accept-
ance.
This worthy Gentleman Mr’ Richard Bennett att the instance
of mee & the Councell hath taken uppon himselfe the trouble p. 175
of deliuering this to yo” by whome if yo” Returne yo* accept-
ance, & that the urgency of yo" affayres might permitt us the
honour to see your selfe att the Conference, Both J & m" Sec-
retary unlesse hindered by the interposall of some unexpected
and pressing occasion, would come to wayte uppon yo” att the
time & place appoynted. And in the meane time am
Hon? St Yo" most humble serut
William Berkeley.
The Leiutt Grall. his answere &c:
Most Honoured S"
I haue receiued yo' letter by the hands of m* Bennett &
haue acquainted his Ls’ Councell here w' yo" desyre therein,
who are most willing to serue the Countrye, and are ready to
ioyne in anything, w may conduce to the improueing our
only commodity att p’sent, Tobaccoe, w" Wee as well as yo”
are to sensible is of so meane a ualue, tht wee can hardly
subsist by it, & this cheifly occasioned by the uast quantities
yearely planted, both in Virginia & Maryland.
Of this Wee are sufficiently satisfyed, & haue long labourd
& studyed a meanes to aduance, for w if any expedient may
bee fownd, None J am certaine are more ready to embrace
then Our selues, soe much wee haue desyred it, that wee haue
only exspected yo" ioyning w' us, wout w*" wee conceiued it
not possible to bee effected to Our aduantage.
Yo” hauing bene pleased S* to signify yo" desyre towards it,
wee shall most cheerefully ioyne w* yo”, and I doubt not but
his Maty will find as ready a Complyance from us in Obedience
to his Royall Commands, as from any other his subiects.
His L? in his last letters to mee gaue mee this busines in p. 176
charge according to his Sacred Ma's Commands to him to
signify the same unto his Gouerno™ & Councell here, this it
selfe (did not our owne necessities force us to seeke some
redresse) were more then enough to begett in us, an humble
Complyance w his mat’ pleasure herein.
I shall not fayle to appoynt Commis’ for to attend those yo”
haue nominated, & att the time & place yo” haue mentioned.
Where J will endeauo® my selfe to wayte on yo”, if other Busi-
nes of w® J am to giue his L? an accompt of by this shipping,
doe not disapoynt mee of th‘ honour.
S' I hope some way may then bee fownd & agreed on, by
w wee may better our State & condicon, w™ for the p’sent
Liber H. H.
P. 177
478 Proceedings of the Council of Maryland, 1661-1675.
wee are in. This J question not but will bee accepted of by all
here in generall, & most in p'ticular by
Honoured St Yo' most humble serut
Charles Caluert.
Att a Councell held att St Maries 28" Aprill
1663.
Pntr Lejutt Grall
Chancelo*
Secretary.
Vppon Consideraon had of the Ouerture made fro’ the Gout
& Councell of Virginia, for a meeting of Commis" from this
Prouince uppon the Eleauenth of May next. Ordered that
Commis™ bee sent from this Prouince to meete att the time &
place appoynted by the Gouerno" & Councell of Virginia And
that a Boate & hands bee press’d to giue M* Henry Coursey
& M* Edward Lloyd notice to meete att St Maries on the
Eighth day of may next. :
Att a Councell held att St Maries
30" Aprill 1663.
Pott Leiutt Grall
Chancelor
Secretary.
M* Thomas Mathewes being summoned to make his appear-
ance this day, & giue in an acct of the Estate of Edward Cotton
deceased, according to an Ord* of tht Councell 27°
June last. Who appearing according to Summons,
And the Attorney likewise of Raph Crouch appearing, in whose
hands part of tht Estate was left. But the proceedings in this
Busines haue reladn to the Prouinciall Court. The Acc
belonging to tht Estate, & other things incident thereto, & the
Order of this p'nt Councell concerning the same are entred on
the Prouinciall Records of this Prouince
Vid fol 151
Att a Councell held att St Johns
this 8° May 1663.
Patt Leutt Grall ) M' Henry Coursey
Chancelot +} M* Edward Lloyd } Councello's
Secretary
Vid. fol. 173, , WaS Read S* Will™ Berkleys letter in Order to
the Conference to bee held in Northumberland
County, in Virginia &c: & according to that former order of
the Councell 28° Aprilis last.
Proceedings of the Council of Maryland, 1661-1675. 479
Ordered that a Commis" bee drawne impowring Certaine Liber H. H.
Commis’ of this Prouince (hereafter to bee named by the
Leiut' Grall) to Treate w™ the Commis’ of Virginia Concerning
the Proposalls then & there to bee made. And Jnstructions
likewise in Order to the same.
Ordered likewise That a Boate & hands bee pressed to p. 178
Conuey the s¢ Commis ouer Patowmeck Riuer, to the
appoynted place, by the 11 of may.
And the Leiutt Grall nominated Philip Caluert Esq’ Chancelo’,
Henry Sewall Esq’ Secretary, M* Henry Coursey & M' Edward
Lloyd, Commis* to the intent afores?
Charles Caluert Esq Leiut' & cheife Gouerno™ of the
Prouince of maryland, under the R‘ hon’* Cacelius Absolute
Lord & Proprietary of the same, To all Persons to whom these
p‘nts shall come, Greeting in Our Lord God Euerlasting.
Whereas uppon a Pet” to his most sacred Maiesty p'ferred 26"
may 1662 in the name of the Planters & Traders to Virginia
complayning of the Decay of that Trade, caused by the exces-
siue quantities of Tobacco, planted as well in tht Colony, as in
this Prouince of Maryland & other places. Jt was by his
Maiesty wt aduice of his Priuy Councell on the 29% day of
June 1662 Ordered That a letter should bee written, from his
Maiesty to the Gouerno’ of Virginia, That hee should endeauo"
by consulting w'® the Planters in Virginia, & w the Lord
Baltemores Leiutt of maryland, or Commis® to bee appoynted
by his s* Lo‘dship, to agree vppon the promoting of planting
hemp, & fflax, & other considerable comodities in these
Colonies, & the lessening the planting Tobacco here. And
that the Restraint for planting Tobacco might bee alike, in
both places. That another Letter should bee written to the
Lord Baltemore att the same time from his Maiesty to his s4
Lo’, Recommending the like to him, & that his L? should giue
direction to his Leiut' in Maryland, to consult wt the Planters
there, to appoynt Commis’ to consult wt his Maiesties Gout of
Virginia, or such Commis® as hee should appoynt for th' pur-
pose. Now Know Yee that according to the tenor of his L*
instructions to mee in tht behalfe directed, & in Complyance p. 179
w'" the desyres of the R' hon* S William Berkeley his Maies-
ties Gouerno" of Virginia to mee signifyed by his Letter. J
haue hereby Constituted, ordayned & appoynted, & doe by
thes p'nts Constitute, ordaine & appoynt Philip Caluert
Henry Sewall, Edward Lloyd & Henry Coursey Esq's, Com's
to treate & aduise w'* such Commis" as are appoynted by the
Rt hon’ S* william Berkeley, his Maiesties Gouerno' of Vir-
ginia, about the Lessening of the quantities of Tobacco, &
aduancing more staple Comodities, & to agree uppon such
Liber H. H.
p- 180
480 Proceedings of the Council of Maryland, 1661-1675.
wayes & meanes, as by Common Consent shall bee thought
most conducing to the ends afores‘ And after such Agreem!
soe to bee made, to promise that an Assembly shall bee called
here in Marylend, to whom the s* Agreem‘t shall bee propounded,
in case the Commis® from the Gou' of Virginia shall promise
to propownd the s* Agreem‘ to an Assembly there. Wher-
fore J doe request that the aboue mentioned Commis*® Philip
Caluert Henry Sewall, Edward Lloyd & Henry Coursey, may
bee credited & beleiued, promising to ratify, confirme &
approue whatsoeu' shall bee done by them, according to this
my Commis" as if it were done by my selfe. Gyuen att St
Maries, under my hand, & the Lesser Seale of this Prouince of
Maryland the 9" day of may 1663.
Charles Caluert
Att a Conferance held att M* Allerton’s in Wiccocomoco
in Virginia the 12 may 1663 by the Commis’s appoynted
by the Rt hon’* S* William Berckeley Knt Gouerno" and
Capt Grall of Virginia on the behalfe of Virginia.
And the Commis® appoynted by the hon? Charles Caluert
Esq" Leiutt & Cheife Gouerno' of Maryland on the
behalfe of th' Prouince
Whereas his Maiesty of Greate Brittaine ffrance & Jreland
taking into his Royall Consideradn the p'nt necessities aswell
of his Colony of Virginia as of the Prouince of Maryland by his
Order of the 29" June 1662. Commanded that Com™ bee
appoynted for each Gouerm' to meete & consult of the best
meanes of the,aduancing the only Comodity of these Countries,
Tobacco. Wee the subscribed Commis haue therefore in
Obedience to his st Ma“ Royall Commands considered seuerall
wayes of improueing the s* Comodities, & haue Concluded the
only best way to bee, the Lessening the greate quantities now
made, w® glutt all marketts, & of many wayes of Lessening it
A Stint to Certaine dayes of planting to bee the most fitt, and
of easiest practice, & doe therfore conclude & agree.
ffirst That itt bee proposed to the respectiue Assemblies of
each Gouerm‘ That noe Tobacco shall bee planted or sowed in
eyther Colony, in the succeeding yeare sixteene hund¢ sixty
ffowre, after the 20 day of June, uppon such forfeiture &
punishm', as shall bee thought by the s‘ Assemblies, effectuall
for such a Restraint. And tht the s¢ Restraint bee continued
for one yeare only, unlesse the s? Assemblies shall thinke fitt,
to Continue it longer.
Secondly it is agreed on by the Commis’ afores* That in
order to the Confirmadn of the aboues@ Agreem’s, The Gout
of Maryland shall call an Assembly of that Prouince to meete
Proceedings of the Council of Maryland, 1661-167 5. 481
about the middle of Septemb* And to send the Result of the
s* Assembly unto the Gout & Councell of Virginia w* all pos-
sible speed they may.
And Lastly Jt is Concluded on, that for the mutuall satis-
faction of both the st Gouerm*s That the Gout & Councell of
both Collonies, shall bee sworne solemnly, by Commis® ap-
poynted on eyther side, to take their Oath, to doe their vttmost
endeauo® to cause the s‘ Law for stinting (if confirmed) to bee
duly executed, according to the true intent & meaning of the
propositions.
Philip Caluert Tho: Ludwell Secr.
Henry Sewall Secr Rich: Lee
Ed: Lloyd. John Carter
Henry Coursey. Robt. Smith.
Henry Corbyn.
Somme Commissions Exiert By order from the Leiut' Grall.
° prout in ordinarie. fol. 149. this 16 May 1663.
Coll Wm Evans. To Co! Will™ Euans Sheriffe of St Maries
County.
Mr Rich: Collett. —Jdem Mutatis Mutandis to M* Rich Collett
Sheriffe of Caluert County.
Mr firan: Pope — Jdem Mutatis Mutandis to Mr ffrancis Pope
Sheriffe of Charles County.
Mr Sam:Chew. Jdem Mutatis mutandis to M' Samuel Chew
Sheriffe of Anarundell County.
M Wn Hemesly, dem Mutatis Mutandis to M" Will™ Hemesly
Sheriffe of Kent County.
Mr Jno Collett Jdem Mutatis Mutandis to M* John Collett
Sheriffe of Baltemore County.
Mr Wm Hambleton Jdem Mutatis Mutandis to M* Will™ Hamilton
Sheriffe of Talbott County.
[Election of Emperor of Pascatoway.]
Att Pascatoway 1° June 1663.
Charles Caluert Esq? Gout
Henry Sewall Esq’ Secr. for the English.
Jerome White Suru’ Grall
Liber H. H.
p. 183
p- 181
Liber H. H.
p. 182
482 Proceedings of the Council of Maryland, 1661-1675.
The Greate men of Pascatoway
The King & Greate men of ;
Chingwoatyke. for the Jndians.
The King & Greate men of |
Portoback & Mattawomen.
The Leiutt Grall arryuing att Pascatoway on the Thirtith day
of May, according to Agreem' w® the Jndians, concerning the
Election of a New Emperour for that Nation (their former
Empero" being dead) The next Day came the Kings & Greate
men of all the Neighbouring Townes: who satt in Councell
about the s* Election. And hauing Concluded thereon on
their parts.
They presented on the day following, being the first day of
June to the R' hon’ the Leiut' Grall, a yowng yowth named
Nattowasso, about Eleauen yeares of age (This yowth being
the eldest sonne of Wahocasso late Empero" of Pascatowoy
deceased) to bee their Empero". And requested the Leiutt
Grall to approue of their s* Election, & to confirme the s*
Nattowasso Empero" of Pascatoway.
Their Reasons why they made choyce of this yowth to bee
Empero’ are these. Declaring how th‘ in times past there
were lyuing att Pascattoway Two ffamilies; out of w? Two
ffamilies, their Kings were chosen. The one being the ffamily
of Wannys, The other the ffamily of Wahocasso. Of w
Wahocasso this Nattowasso descended, hee being his Eldest
sonne as afores*.
ffurther the Jndians shew, That there is a Daughter of the
ffamily of Wannys, now lyuing att Pascatoway, & about the
same age, w"” this yowth now elected by them. To w*" yowth
they doe intend to marry this Daughter of Wannys ffamily,
whenas they shall attaine to mature yeares: Referring them-
selues still to the Gouernot & Councell of this Prouince, if soe
bee they shall iudge it Conuenient, & approue thereof, & not
contradict them therein: To whose power they doe submitt
themselues.
ffurther they Request That this yowth (formerly called
Nattowasso bee hereafter called Wahocasso after his ffathers
name.
Lastly they desyre the Leiut' Grall to approue of & allow
this their Election of Nattowasso, now Wahocasso. And Like-
wise th‘ the English, will protect him uppon all occasions.
To w* last proposition the Leiutt Grall (by his Jnterpreter)
answered, That hee would both protect him & defend him,
And then charged the Jndians That they should not presume
to wrong him uppon any pretence, eyther by poysoning of him,
or by other indirect wayes. Assuring them, That if any such
Proceedings of the Council of Maryland, 1661-1675. 483
thing should happen, & bee committed by them, hee would Liber H. H.
(together w'" the Councell of this Prouince) bee uery inquisitue
concerning the same, & inflict condigne punishm‘ uppon the
Offenders therein.
As to th' other proposition Concerning the uniting of those
Two ffamilies, the Leiutt Grall would say nothing att p‘nt.
There being time enough, before eyther of them bee of mature
age, to discusse that Busines.
To all the rest concerning Nattowasso now called Wahocasso
the Leiut' Grall gaue his assent thereto. And hee was accepted
of, & acknowledged as Empero* After wet some few Jndian
Ceremonies passed. And then the Leiut' Grall, and the English
departed
By the Leiut* Grall. p- 183
Whereas J am gyuen to understand that some Demurr is
made Concerning yo' officiating the Office of Sheriffe untill
yo haue taken yo" Oath in yo" County Court, & gyuen Secu-
rity, as in yo" Commis" is prouided for. And whereas the
_ Commis of yo" County doe not intend to hold Court in yor
County untill the Eighth or Tenth day of July next, before
w time the List of Taxeable p'sons must be returned, (accord-
ing to a speciall wart to yo” directed for that purpose.
These are therefore in the name of tht Rt hon’* the Lord
Proprietary of this Prouince to will & requyre & likewise to
impower yo” ffrancis Pope That forthw'® uppon sight hereof,
yo" warne & Conuene together att a Certaine day to bee by p. 184
yo” appoynted M* Henry Adams, Mt Thomas Mathews M'*
Raph Beane & M* Will™ Marshall together w* the Clark of
yo" County Court; And tht before them yo” take yo" Oath,
belonging to sheriffe, as is to yo" Commis® affixed, & giue
Bond likewise as is prescribed by act of Assembly in tht
behalfe. And th‘ thereuppon yo” doe all things belonging to
yo" Office of sheriffe w'*out further delay. Lastly that yow
cause the Clarke of yo" County Court to send downe to the
Leiutt Grall & Councell w what speed hee may, his Certificate
of the proceedings herein. Gyuen under my hand this ffowrth
day of June 1663.
, Charles Caluert
To Mr’ ffrancis Pope.
At y® Court at Whitehall ERO.
the 24" of June 1663. Sa
Eeeeen: Vol. 60, p. 11.
The Kings most excellent Majestie
in Councill.
484 Proceedings of the Council of Maryland, 1661-1675.
P.R.O. A Minute of Lrés to y* severall Gov’s of
ae his Ma's Plantacons in America viz*
Entry Book.
Vol. 60, p.11. Sue oes
S' W™ Berkely } ( Virginia
Philip Caluert Esq’ | Mary land
L‘ Willoughby of Parham Barbadoes
Coll: W™ Watts | S' Christophers
Coll: James Russell. . Gov’ of + Mevis
Coll: Roger Osborn Montserat
John Bunckley Esq’ Antego
Coll: W™ Byam Surynam
S' Charles Littleton. J | Jamaica
New England.
Whereas by a late Act of Parliament entituled an Act for
encouraging & encreasing of shipping and navigation all
Forreign Trade is prohibited to any of his Mati Plantacons
and all those of his Ma's subjects that saile unto any of them
are required to give security to return with their lading for
England, Ireland, Principality of Wales or Town of Berwick
upon Tweed as in the said Act is expressed w' strict comand
unto the Gover" of the said Plantacén to see the same per-
formed accordingly, w" great penalties upon such Gov’ as
connive or neglect putting the said Act in Execution who are
enjoyned alsoe to take Oath that the said Act be punctually
observed, yet being informed by Masters of ships and others
trading to Virginia, Mary Land and others his Ma* Plantacons
of many neglects or rather contempts of his Ma“*s commands for
the true observance of the said Act (w™ soe highly concernes the
encrease of shipping and the regular Trade of his Mats Plan-
tacons together with his Revenue that proceeds from thence)
through the daily practise and designes set on Foot by Trading
into Forreign parts from Virginia Mary land and other his
Mats Plantacons both by land and sea as well unto the
Menades and other Plantacons of the Hollanders as into Spain
Venice and Holland occasioned through the neglect of those
Gov’ in not taking a view of all forreign built ships w come
into their Plantacons whether they have a certificate of their
being made free according to the Act as alsoe in not duely
taking Bond (before any ship be permitted to lade) that what
ever comodityes they shall take in at any of His Ma* Planta-
cons the same shall be carryed to some other of his Mats Plan-
tations or into England Ireland, Wales or Town of Berwick
upon Tweed w Bonds are to be returned twice every year
unto the Officers of the Custom House in London butt hitherto
it hath not been done of w® neglect and contempt his Ma* is
sensible and therefore doth require and comand you that for
Proceedings of the Councel of Maryland, 1661-1675. 485
the time to come a perfect account be kept by you in that Plan- P. R. 0.
tacon of all shipps that shall load there, and return the names
Colonial
Entry Book.
both of the Masters and the ships together with true Copies of Vol. 60, p.11.
all such Bonds as shall be taken by you there twice in every
yeare unto the Offic’s of the Custom House in London as afore-
said wif you shall forbear to do upon Informacon thereof and
that any ships freighted there shall contrary to the Law trade
into forreign parts, his Ma'* will interpret it a very great
neglect in you, for w® he is resolved to cause the Breach of the
' st Act to bee prosecuted according to the Tenor thereof, and
discharge you from that employm' It being his pleasure that the
st Law be very strictly observed, in regard it much concerneth
the Trade of this Kingdome.
All which wee have thought good to lett you know that you
may not pretend ignorance butt observe all such orders as are
directed by the said Act, whereof you are not to fail as you
will answer the contrary at yo" Perill. And so &c:
Dated 24 June 1663. Signed
Lord Chancellor L? Seymour
Marq of Dorchester L* Hatton
L? Great Chamberlain L? Holles
L¢ Chamberlain Mr’ Treasurer
Earl of Sandwich Mr V: Chamberlain
Earl of Middleton M’ Sec’Y Morrice
Earl of Carberry. Mr’ Sec” Bennett.
L¢ Bre of London.
Att a Councell held att St Johns
4 July 1663. omitted in itts due place
Pott Charles Caluert Esq Gout ) M' John Bateman
Philip Caluert Esq Chan: > M* Baker Brooke
Henry Sewall Esq Secr
This day Jerome White Esq Surueyo’ Grall of this Prouince,
Came, & tooke his Oath as Councellor of State.
Were then Read Certaine lres sent from the Jnhabitants of
Baltemore County, att the head of the Bay Informing the
Leiu‘ Grall & Councell of a Certaine Murther lately committed
by some Indians (unknowne to any there who they were)
uppon Two Jnhabitants, att the head of the Bay & one other
in Patapsco Riuer, w'" Two yowng yowths allso w™ those
Jndians haue eyther carryed away. or killed.
Ordered tht M' George Goldsmith be forthw™ sent for back
to S' Maries, who was the messenger th' brought the newes of
all these accidents. Who is not yett (as is supposed) departed
Liber H. H.
p- 192
Liber H. H.
p. 183
p. 186
486 Proceedings of the Council of Maryland, 1661-1675.
from Mattapaniant, tooards the head of the Bay. To carry up
the Leiut Gralls order to the Jnhabitants there.
Order sent accordingly
August 3° Articles of Peace & Amity Concluded betwixt the
— hon’* Charles Caluert Esq’ Gou’ Philip Caluert Esq‘
Chancello" Henry Sewell Esq’ Secret. Mt John Bateman Coun-
cello* on the behalfe of the L4 Proprietary of this Prouince of
Maryland & Hocpeckquomeck, Lennoswewigh, & Colaccameck
Kings of the Delaware Bay Jndians by their Embassado’,
Monickta, Chehoock, & Tichacoon sent to treate att the ffort
of New Amstill this 3? day of August 1663.
That there shall bee a perpetuall peace betwixt the
Poeple of Maryland, and the subiects of the s? Kings.
2 That in Case any Englishman for the future shall happen
to find any of the s* Jndian subiects, Killing eyther Cattle or
hoggs, that then it shall bee Lawfull for the English to Kill the
s* Jndian.
3” Jtis agreed That if any Jndian or Jndians shall happen
to kill any Englishman for the future (w% god forbid) That
then the s* Jndian w'* all that Company of Jndians wt* him w
consented to the s* Murther shall bee deliuered up to the
English, there to bee proceeded against according to the Law
of this Prouince.
4” Jt is agreed betwixt the s¢ parties tht in case any English
man shall happen to runne away amongst the s¢ Jndians: That
then the s* Jndians bring them to the howse of Capt Thomas
Howell & there for Euery Englishman that they shall deliuer
they shall receaue One Match Coate.
5” Jt is agreed by the parties aboues‘ tht when occasion
causeth any of the s* Jndians to come to any Englishmans
howse: That they doe Lay downe their Armes, & cause some
es thing to bee held out first, before they approach the sé
owse.
6” & Lastly. That the s? Jndian Kings & their Subiects
shall inuiolably obserue these selfe same Articles towards the
Dutch in Delaware Bay, as well as to the English of the Pro-
uince of Maryland.
Jmpr
The marke of x Monickto.
The marke of x Chehoock
The marke of x Tichecoon.
These are in the name of the Rt hon?® the L# Prop* to will
& requyre yo” to goe to the howses of Jacob Clawson & Symon
Carpenter, & there see deliuered to Ciuility & the rest of the
Sasquesahanough Jndians Two Barrells of powder, & Two
hund* weight of Lead, & afterwards yo” are to goe to the
Proceedings of the Council of Maryland, 1661-1675. 487
howse of Co! Nathaniel Vtye along w'* the s‘ Jndians, & there Liber H. H.
presse any One of the Three gunns. And lett it be deliuered
to the s? Jndians. of w gunns the s* Jndians are to haue their
Choyce. All w® p'ticulars being for the publike use. & for soe
doeing this shall bee yo" wart Gyuen under my hand att Gold-
smiths hall 28 July 1663.
To Capt Thomas Stockett.
Att a Councell held att Goldsmiths
Hall the 9% of August. 1663
Charles Caluert Esq’ Gout’
| Philip Caluert Esq’ Chancello*
Pnt™ { Henry Sewall Esq’ Secret"
| M? John Bateman \
| Mt Edward Lloyd { Councello*®
Ordered tht Jnstructions bee gyuen Maio" Samuel Goldsmith
for the pursueing any forreigne Enemy th‘ shall happen to
inuade the Prouince, as allso suppressing any insolencies or
mutinies committed by any Jndians abiding w'"in the Prouince
contrary to such Articles agreed w them.
Jnstructions from the hon’ Charles Caluert Esq Gout" to p. 187
Maio' Samuel Goldsmith for the more speedy & effectuall
suppression of all mutinies, insolencies & insurrections, murthers
or plunders tht may bee committed by any Jndian or Jndians
whatsoeu’
me Yo are hereby impowred uppon the inuasion or ap-
proach of any Jndians whatsoeu' to any English Plantaon
win yo' Command to Leauy what forces in yo" discretion
shall thinke conuenient for the resistance of any insolencies or
murthers by them committed, or may bee intended to be com-
mitted uppon the p'sons or Estates of any of the Jnhabitants
of this Prouince as afores*
2'y Yo” are to impower such & such p’sons as yo” shall
thinke fitt win yo" seuerall precincts to prosequute such Jnstruc-
tions as shall bee from time to time by yo” to them directed.
3'y That yo" doe call to yo" assistance the County Commis®
as time & opportunity shall requyre & permitt, to consult &
aduise uppon what is expedient uppon an urgent occasion to
bee done.
4 That yo” forthw send to the Sasquesahanough Jndians
to giue them notice th' they immediately come downe to treate
w® yo”, & the rest of the Commis™ of this County aboute the
Articles of Peace lately confirmed by the Gout & Councell
together w" their consent. & easpecially strictly to insist uppon
tht Article (Viz) That they shall not approach any English
Plantaon, but according to the tenor of that Article.
Liber H. H.
p. 188
p- 189
488 Proceedings of the Council of Maryland, 1661-1675.
5” That yo giue timely notice by an expresse to the Leiut
Grall of any troubles or insolencies that shall be committed by
the Jndians for the future. & of what yo” shall doe from time
to time in pursuance of these Jnstructions.
i _Commis® exiuit from Leiut Grall to M« John Elzey
oe er Stephen Horsey, M' William Thorne, & Cap!
John Odber. Commis" for. tht part of the Prouince newly
Seated, Called the Easterne shoare. Bearing date the fifteenth
day of August in the 32 yeare of his L* Dominion &c: Anoq
Dni 1663. Commis" est eadem uerbatim. mutatis mutandis
ut est fol. supra 163.
Septemb' ro 1663.
Lrés of Denizacon exiert to Jacob alias John Lumbrozo in his
Verbis.
Ceecilius &c: Whereas Jacob. alias John Lumbrozo. late of
Lisbone in the Kingdome of Portugall hauing long time lyued
win this Our Prouince of Maryland hath besought &c:
Wittnes our Deare sonne & heyre Charles Caluert &c: as is
in Ordinario (mutatis mutandis) fol 165, ut supra.
Sept rth . COMmission to John Abington for trading with the
: Indians Idem Mutatis Mutandis ut est fol? 161° to John
Nuttall
rth The said John Abington Entred into Bond &c.
Jnstructions Gyuen by the Rt hon? Czecilius Absolute
Lord & Proprietary of Maryland & Aualon Lord Balte-
more &c: To his L’s sonne & heyre Charles Caluert
Esq" his L** Leiut of the s* Prouince of Maryland.
1. His L? doth hereby &c: Vid. Lib. 1633. for Land, fol. 80.
2. And his L? doth ailso hereby requyre his s* Leiut that the
s* Jerome White bee made one of the Councell of the s@
Prouince of Maryland, & Conseruator & Justice of the Peace
there, w* all Priuiledges & Jmmunities whatsoeu' thereunto
belonging. Prouided that hee first take the Oath of a Coun-
cello" Conseruato" & Justice of Peace appoynted for that
purpose. To bee administred unto him by the s* Leiut or any
Two of the Councell there, before hee sitt or Act as a Coun-
sello" or Conseruato™ or Justice of Peace of the s¢ Prouince who
are hereby authorized to administer the s4 Oath to him accord-
ingly. Gyuen under his L® hand & Lesser Seale att Armes
this sixteenth day of Decemb’ in the yeare of Our Lord God.
One Thows? sixe hund¢ sixty & Two.
C Baltemore
Proceedings of the Council of Maryland, 1661-1675. 489
Pattents of Dennizacon To Thomas Lamore and Peter Liber H. H.
Lamore of french descent
ut est folio 157 mutatis mutandis to Benois Brassieurs
By the Leiuetenn' Generall
Whereas Sundry Complaints haue been made unto mee by
the Queene of Portaback in behalfe of her Selfe and Indians
und" her, Intimating how that they haue not only left their
Towne standing by the water, but haue remoued themselues
farther of euen to their utmost bownds of their land—Leauing p. 190
place to the English to Seate on theire ancient plantacons by
the Riuer side the English not being (as they informe mee)
contented with what Land is allready freely granted Doe still
take up land and Seate themselues uery nigh unto the said
Indians whose stocks of Cattle and hoggs doe and will yearely
destroy theire Corne feilds by which meanes they must of
necessity come to ffamine they not knowing the way and
meanes to fence in theire Corne ffeilds as the English doe will
soon come to destruccon
J doe therefore hereby will and require all p'sons whatsoeuer
Jnhabitants of this prouince to take notice hereof and desist
from taking up any land or seating any land (though formerly
taken up) and surueyed by them) within three miles att the
least of any the said Jndian habitacons or plantacons, Giuen
und my hand this 17" day of Nouember 1663
ee 3° Pattent of Dennizacon then Granted to In° Sicks p. rox
late of England Subject of the Royall Empire of
Jermany &c
Pattent est eadem uerbatim mutatis mutandis. Vt est folio
Supra 160, pro Isaack Bedlo
Commission to Christopher & Abraham Birke- p. 190
headd for trade w™ the Indians
Idem Mutatis Mutandis ut est folio 161 To John Nuttall
The said Christopher & Abraham Birkehead Entred into
recognizance to the Rigt Hon* the Lord Proprietary &c. of
1000! sterlinge
January 6th
These are to impower yo” in time of Court to sweare into p. 212
yo" Comm the p’sons whose names are here und* written
(uizt) Cap‘ William Burges Richard Ewen Geo: Puddington
Thomas Taylor Ralph Williams Capt Jn? Norwood And for
soe doeing this shall be yo" warrt Giuen und‘ my hand this 28"
of January 16634
To his Lordsps Comm’ Charles Caluert
for the County of
Anne Arrundell
in
490 Proceedings of the Council of Maryland, 1661-1675.
Liber H. H. Commission To George Richardson for Trade w®
p. 190 January last 14.6 Indians Idem mutatis Mutandis ut est folio 161
The said George Richardson entred into Bond to the Lord
proprietary of 1000! Sterling thereuppon
Ditto to Francis Armestrong ut est ditto folio
Recognizance likewise giuen of 1000! Sterling both
to be in force one yeare after after the date thereof.
February pma
P 19K path , , Commission to James Jolly for trade wt the Indians
©” Idem mutatis mutandis ut est folio 161 to Jn° Nutthall
to be in force for one yeare after the date thereof
9 Ditto to Jenkin Price for one whole yeare
_ Commis" exiuit from Leiuetennt Generall to John
~~ *°" Elzey Stephen Horsey William Thorne & John Odber
Comm” for that part of the prouince newly seated called the
Easterne Shore bearing date the tenth day of February in the
32 yeare of his Lordsps Dominion &c. annoq Domini 1663
Commis* est eadem uerbatim mutatis mutandis ut est folio
supra 163.
De t8h ee Raa Commission to John Nuthall for trading w'> the
Indians Idem mutatis mutandis ut est folio 161
To ditto Nutthall, to be in force till the 25" March next Bond
by him giuen
P19" Commissons to the | Commissions Excert by Ord! from the Leiue-
sherriffes tent Genr*" prout in Ordinario fol: 149 this Das
Aprill 1664
Then was Granted to John Pouston Pattent of
ennizacon, subject of the Kingdom of Scottland
Pattent est eadem uerbatim mutatis mutandis Vt est
folio supra 160, pro Isaack Bedlo
March 4th 1663 D
P 190 66a March aath Loe County Court of = Marys Gounty, humbly
See request his Lordshp: to add these p'sons to the
: q Pp P
Commission
The which was done and sent up in Com
to sweare these p'sons following into
theire Commission
Mr’ Nicholas Young M* W™ Rosewell
Leiut Coll: In? Iarboe } Mt W™ Barton
M* Randall Hanson Capt W™ Boareman
Proceedings of the Counctl of Maryland, 1661-1675. 491
The County Court of Talbott County desires the Leiutenn‘ Liber H. H.
Generall to add to theire Comm‘ the persons here menconed
The which was perfected and sent up in Com™ to sweare
the said persons into theire Comm” by names
Symond Carpenter | William Hamilton
Thomas Curtis Mr: Stephenson
Charles Calvert Esq Cap™ Genrall of all the fforces within p. 197
this province of Maryland vnd" the Rt honno®'* Ceecilius Abso-
lute Lord & propry’ of the same, To Lieutent W™ Coleburne
Greeting According to the power to mee by his st Lo”
Comitted, & vpon the Speciall Trust & Confidence I have
in your ffidellity Circum*peccon Courage & good Conduct, I
doe hereby Constitute Ordaine & appointe you Lieut vnd*
Capt W™ Thorne of the ffoot Company at pn’t & to be raised
by him betweene Choptanck River & a line drawne East into
the mayne Ocean from Watkins point being the North point of
tht Bay into which the River Wighco form'ly called Wighco-
comoco afterwards Pocomoke & now Wighcocomoco againe
doth fall, Exclusively, them to Muster Exercise & traine vp in
the Art of Warr & discipline Millitary, & in all things to doe
as any Lieu‘ of a Company of ffoot may or of Right ought to
doe to the resistance of all Enemies, Suppression of all mutanies
insolency’s, & Rebellions whatsoever according to such Ord's
& direccons as you shall from time to time receiue from me or
yo" st Capt To have & to hold the said Office & Comand till
the lord prop’ or his heires or his or their Lieut Cheife Gov-
erno’, or Cap'Gen'all for the time being shall signifye his or
their pleasure to the Contrary And all psons w'soeu' are here-
by required & Strictly comand‘ to yeeld all due obedience to
yo” the s* Lieut (W™) Coleburne in all things appteining to
the comand & Office hereby Conferred on yo" as they will
answer the Contrary at their pills Given vnd" my hand &
Seale this 26 day of March in the 32" yeare of his lo®* Do-
minion ov‘ this Province Annog Domini one Thowsand Six
hund™ Sixty ffowre
To Coll Moses Stagwell Sherriffe of Kent
County
To Capt W™ Burges Sherriffe of Ann Arun-
dell County
To Thomas Dent Sherriffe of St Marys County
7 Ap* 1664
Moses Stagwell
Capt Wm Burges
Thomas Dent
Thomas Sprigg Lo Thomas Sprigg Sherriffe of Caluert County
492 Proceedings of the Council of Maryland, 1661-1675.
LabS SS eens eeent To George Gouldsmyth Sherriffe of Balte-
more County
Zacha. Wade Lo Zachariah Wade Sherriffe of Charles County
Anto Grifin Lo Anthony Griffin Sherriffe of Talbott County
p. 192 April 60 Commis" Exierunt to Leiut Richard Ewen mutatis
1664. as in Commis" to Leiut Co" John Jarbo fol. 24 under
Cap‘ Will" Burgesse of Anarundell County.
Jdé to Ensigne John Ewen the same Commis" mutatis mu-
tandis.
P- 193 Att a Councell held att St Johns
7 day of Aprill 1664.
Charles Caluert Esqr Gout
Henry Sewall Esqr Secr*
Baker Brooke Esqr Councel*
This day Co" Will™ Euans being called. Tooke the Oath of
Councello' of State. Prout in Ordin'
Who thereuppon tooke his Seate & place.
Pntr
Jt was moued in Councell touching the Country howse.
Whither if James Jolley refuse to p'forme his Bargaine in
repayring the s* howse, according to his former promise made
to the Gou" & Councell: Jt bee not thought conuenient to Lett
the s* howse for certaine time of yeares to Will" Smith for his
better Encowragem hee putting in security to repayre the
same in conuenient time to bee Limitted by the Leiut Grall.
Judged most fitt, requisite, & conuenient.
And then Ordered th' the st Will™ Smith find a Conuenient
place or Chamber for the Clerks of the Court to Lodge in, in
the s*howse. And th‘ ’till the howse, to putt the Records in,
be quite finished, some Conuenient Roome or place bee like-
wise allowed & prouided for the Records to bee secured in, &
the Clerks to write in.
Lastly tht the whole Busines touching the same bee wholly
left to the Leiu' Gralls discretion, eyther as to Repayring the
howse, or otherwise, as to him shall seeme Conuenient, in
agreeing w'" the s* smith. Jf hee see cause therefore
B204 en s* Commission to Thomas Dent Sherriffe of st Marys
County to Cause a list of the tythables to bee taken
These are to will & require yo” that by the 20" day of July
next yo” Cause a list to bee taken of all the tythables win yor
County and that in the s‘list the name and surname of each
Proceedings of the Council of Maryland, 1661-1675. 493
tythable person and the howse of his aboade bee distinctly sett Liber H. H.
downe and a Coppy thereof faire written and sent immediately
downe to the Gouerno' & Councell and another Coppy of the
said list sett up in the Court howse att yo" next County Court
to remaine there for the whole yeare, to the end that if any
errours bee therein they may bee Corected and the same Cer-
tyfyed to the Gouerno' & Councell before the first day of
Septemb' next, herein fayle not as yo” will answere the Con-
trary, And for soe doeing this shall bee yo’ Warrant Giuen
und’ my hand this 5" day of May 1664
To Thomas Dent high Signed Charles Caluert
Sherriffe of St Marys
County
Wea ate Jdem mutatis mutandis to Zachariah Wade high
Sherriffe of Charles County
Pie oe Jdem mutatis mutandis to Thomas Sprigg high
orepnes Sherriffe of Caluert County
Brae Jdem mutatis mutandis to Capt W™ Burges
oH a high Sherriffe of Ann Arundell County
Ee at Cent Mutatis Mutandis to George Gould-
sorge Ow” smyth high Sherriffe of Baltemore County
Idem mutatis mutandis to Moses Stagwell high
Sherriffe of Kent County
Moses Stagwell
Idem mutatis mutandis to Anthony Griffen high
Sherriffe of Talbott County
Anto Griffin
Charles Calvert Esq™ one of the Privy Councell of this pro- p. 199
vince of Maryland & Justice of the Peace vnd' the Rt honno”!*
Czecilius Lord Baltemore Lord & propryetary thereof sendeth
Greeting in our lord God Everlasting Know yee th' I the s¢
Charles Calvert vpon good & Credible report to mee made by
divers Inhab™'s of this province That lames Iolly of St Mary’s
County in the pvince of Maryland afores* is a man meet to
keepe an Inne or Ordinary in the howse where hee now dwell-
eth at St Mary’s vpon the plantacon Called Kitt Martins point
for the Convenience & enterteynm' of sundry the inhabitants
coming & resorting vpon their Occasions to the place afores*
Have licenced, allowed & admitted & doe by these presents
Licence allow & admitt the said James Jolly to keepe an Inne
or Ordinary for three whole yeares next ensueing the date
Liber H. H.
Pp. 200
P- 195
494 Proceedings of the Counctl of Maryland, 1661-1675.
hereof, soe th‘ the s* James Iolly suffer not any evill Rule or
Ord* to bee kept in his s* howse during the tyme of this his s*
Lycence For the vsing of which Lycence accordingly I the s4
Charles Calvert doe you to witt That I have bound the s*
James Jolly in one Thousand pounds of Tobacco by Recogniz-
ance to the Lord propryetary of this pvince In witnes whereof
I have hereunto sett my hand & Seale this Seaventh day of
May Annoq Domini one Thousand six hund" sixty ffowre
This Day came Iames Jolly of St Marys County & acknow-
ledged himselfe indebted unto the lord propryetary of this
province in the sume of one Thousand pounds of Tobaccoe &
Caske in case the st James Jolly (for the space of thee whole
yeares next ensueing the date hereof) shall suffer or pmitt
any evill Rule or Ord' to be kept in his said howse esspeacially
vpon any the Lords days (called Sundays) by Gameing or
Exorbitant drinking during the time of Divine Service or shall
suffer any Servants or Apprentices to remaine Tipling or
drinking in his howse without their Masters privity, or shall
sell or give such apprentices drinke Occasioning their disord®
thereby or shall sell drinke by retayle or otherwise to any pson
causing the disturbance of his lo®* peace, Thus done at St
Mary’s this seaventh day of May Anno 1664
Recognit Cora me.
[Charges against Quakers.]
Michaell Higgins Sworne & Examined this 17 day of May
1664 Sayth
That Iohn Arnold Came to this Depont about a weake agoe
and told him that hee had a greate Burthen lay on his Con-
science and troubled his Soule, if caryed Secretly which hee
knew of, whereuppon this depont was uery inquisitiue w" him
to know what the matter was, But hee would not tell him at
p'sent alleging that hee feared the Quakers might p'haps doe
him some mischeife, And within 2 dayes after hee was con-
tented to reueale the Cause and did reueale the same to
this Depont w* Prouiso, that hee should onely acquaint
M* Standley therew® and then if Mr: Standley pleased hee
might open the same to his Lopp. the Gouerno' which
was this—Thomas Thurstone, John Holmewood, Thomas
Turner Thomas Meeres and Mourice Baker, as also William
ffullers wife John Holmwoods wife and Sarah Marsh were
together att John Holmwoods howse, and Thomas Thurston
spoke first and sayd, that it was a thowsand pittyes that Will™
ffuller should bee kept out of his Estate and from his wife and
famyly, and Will™ ffullers wife then made answere, that for her
Proceedings of the Councel of Maryland, 1661-1675. 495
part shee was sure, that her husband would Come and spend
his blood to come home, and enioy his wife & family againe
then John Holmewood said that hee could also freely spend
his blood for this mans sake now, as hee could doe when hee
was one of the world, And all the rest then, there p'sent con-
cluded on it and said the same, and further this depon‘ sayth
not.
Jurat. Cora. me Michaell Higgen
Charles Caluert
John Arnold sworne and examined this 17 day of May
1664 Sayth
That in ffebruary last past this depon' being att John
Holmewoods howse, there mett Thomas Thurston Thomas
Meeres, Thomas Turner, Mourice Baker, John Holmewood
Sarah ffuller Sarah Holmewood and Sarah Marsh, and in
theire discourse Sarah ffuller said that her husband Could
ffreely spend his blood now, to enioy her Company and the
Company of her freindes about her, Thomas Thurstone allsoe
saying that it was a thowsand pittyes hee should bee soe kept
out and John Holmewood said that hee could now as freely
fight to haue him (to witt) ffuller in amongst them, as hee
could then, when hee was one of the world, and all the rest
then and there p’sent Concluded w* the said Jn? Holmewoo
and said the like and further sayth not 7
Sworne before mee John Arnold
Charles Caluert
[Immigration from Virginia. ]
Charles Calvert Esq’ lieut & cheife govern’ of the pvinces of
Maryland vnd' the r‘ hon™* Caecilius lord & ppry’’ of the same
To all psons to whom these pn’ts shall come greeting in o° lord
God Eu'lasting Know ye th‘ takeing into consid’acon the pet*
of divers psons well affected to this pvince now or late inhabi-
tants of Northton County otherwise called Accomack in Virg*
who are desireous to transp" th™selves & families into this
puince & for the more speedy & effectuall :psecucodn of his lo?
Comand to mee to see th‘ pte of this pvince next adioyning to
the County afores* peop’ & for the ease & benefitt of all such
psons who shall Transp" th™selves into this pvince from Acco-
mack afores’ I have nominated Constituted & impowred & do
by these pn'ts Nominate Constitute & impow’ Step. Horsey,
Capt W™ Thorne & W™ Bosman gen™ or any two of th™ being
within this -pvince to grt Warr’ for land during the term of
6 months next ensueing the date hereof vpon the Eastern
shore of this province in any pte between Choptanck river & a
Liber H. H.
p- 196
p- 198
Liber H. H.
p- 207
496 Proceedings of the Council of Maryland, 1661-1675.
line drawn east into the maine Ocean from Watkins point
being the north point of tht Bay into w™ the River Wighco
(form‘ly called Wighcocomoco, afterwards Pocomoke & now
Wighcocomoco againe) doth fall exclusiuely That is to say
fifty acres for eu’y :pson transp' upon such Condicons & terms
as are expressed in his lo’* Condicons of plantacOn now
remaining vpon Record regulated according to his lo*’ Decla-
racon of the 22 7br 1658 now vpon record, alsoe pvided tht
eu,y ‘pson claiming any land by Vertue of the condicons afores*
for & in respect of the Transportaco of any ‘pson or ‘psons into
this pvince doe before the s* Step. Horsey Capt W™ Thorne &
W™ Bosman or any two of th™ & being within this pvince take
the Oath of Fidelity by the s4 Condicons of plantacon required
w s* oath the s* Step. Horsey Capt W™ Thorn & W" Bosman
or any two of th™are hereby impowr’d to admi* to all or any
the :psons desireous to transp" th™selves as afores* before they
shall have any Warr'* gr? vnto th™ respectively & alsoe pvided
tht all such :psons as shall haue any Warr’ gr® be accotable to
the Secr‘tary for the time being for all such ffees as for the s@
Warr* & entries shall becom due & the s' Step. Horsey Capt
W® Thorne & W™ Bosman are hereby impowred to keep a book
of all such Rand Warr**as shalbe by th™ or any of th™ grant?
distinctly reciting the name & Surname of eu’y ‘pson for & in
respect of whos transportacon they have allowed any land &
the same at the end of the 6 months afors‘ to return into the
Sec'tar’® office signed with their hands & forasmuch in a place
now peopl* some differences may betweene pty & pty arise or
Crimes be perpetrated & Committed for the p’seruacon of the
peace & better govermt of the people there resideing Wee doe
hereby impow’ the s@ Step. Horsey Capt W™ Thorne & W"
Bosman or any too of th™ to heare & determine all causes not
exceeding 2000! of Tob. as alsoe to cause to be app"hend? &
punished any Criminall offending ag* any the laws of this pro-
vince provided they proceed not to take life or memb' Given
att St Mary’s vnder the lesser Seale of this province this 26'
Day of May in the Two & thirtieth yeare of his lo’> Dominion
ouer the said Province Annog Domini one thousand six hun-
dred sixty ffowre.
[Boundary Question.]
Charles Calvert Esq" Lieut & Cheife Governo' of the province
of Maryland vnd' the Rt honorable Czecilius Lord & propryetary
of the same To all -psons to whome these presents shall come
Greeting Whereas divers sons Ill willers to the good Corres-
pondence of long time held betweene the Governmt of Virg*
& tht of this province, have of late Endeavored to raise differ-
Proceedings of the Council of Maryland, 1661-1675. 497
ences betweene the said Governm' touching the Antient & Liber H. H.
knowne bound betweene them on the Easterne Shore & whereas
the honorable S' W™ Berkeley Governo' of Virg* did appoint
Coll Edmund Scarburgh, M* John Cattlett, and M’ Richard
Lawrence or any two of them whereof the said Scarburgh, to
be one to give a meeting to the deputyes or Substitutes of this
governmt by the Governot thereof to be appointed (in case any
dispute should arise where Watkins point was, tht being the
bound of this province,) to determine what should be reason-
ably proposed by the s‘ Deputyes, Jn pursuance whereof the
said Coll Scarburgh without the said Cattlett or Lawrence or
Conuenient Notice Giuen to mee did about the tenth of Octob*
last in an hostile maner enter many miles into this province to
the Terror of the people at Monoakin & Anamessecks, beating,
abusing & imprisoning the people there by him long before
seated by vertue of a Comission from this governm‘ directed
and Contrary to his Certeine knowledge of the bounds of the
said province. And whereupon Remonstrance of this vndue
proceeding to the hono™* St W™ Berkeley by myselfe in :pson
he did not only disclaime any Ord" from him to the said Scar-
burgh alone or before Notice given & debate had touching the
point in difference to proceed by force as he did but was pleased
further by his Ord' of 28 of March last to ord’ the s* Scarburgh p. 208
with one or both the Surveyors Cattlett or Lawrence afores*
Cap! Josheph Bridger Cap* Robert Elkison, & M* Bulmer Mit-
ford to give a meeting to such Com" as should by mee be
appointed at Monoakin ro of May last & in case of my
refusall of tht soe Just a proposall to proceed According as in
tht Comission they were Ordred Now know yee th‘ forasmuch
as neither the s* John Cattlett nor Richard Lawrence appeared
att Monoakin at the time appointed without one of which noth-
ing could be legally by the rest done tht did appeare & to shew
how wee are not to be Ticed out of our desires of faire Corres-
pondence with the hono”* Governot & Councell of Virgia J
have Constituted Ordained appointed & impowred Phillip
Calvert Esq Deputy Lieut & Chancello' of this puince as J
doe by these presents Constitute Ordaine & appoint & im-
power the s* Phillip Calvert to repaire to the honorable St W™
Berkeley Governo' of Virg* & the Councell there and after
deliuery of a duplicate of these presents & to Treate of &
determine the s* Difference Concerning Watkins point & alsoe
to demand Justice against the st Edmund Scarburgh for entring
into this province in an hostile maner in Octob" last, by blowes
& imprisonm outraging the Jnhabitants of Monakin & Anames-
secks without Comission as alsoe for Attempting to marke a
tree vpon a Point of land above thirty miles to the Northword
of Watkins point in May last without Comission or Ord" & for
Liber H, H.
P. 209
p. 200
=
Pp. 201
498 Proceedings of the Council of Maryland, 1661-1675.
publishing a proclamacon at Monoakin in Munday 16" of May
Contrary to the Ord" dated 28'* of March aforesaid J having
appointed Com*® the s* Phillip Calvert Jerome White Esq'
Surveyo' gen‘all to meete at Monoakin aforesd who did accord-
ingly come at the time & place appointed which vnlesse ) nad:
refused to doe they the s* Com’s had noe Ord' to publish any
Comand or pclamacon whatsoeuer had they been present
(according to the Tenor of the s? Ord") as they were not, And
further to Represent vnto the hono*”* S‘ William Berkeley the
vndue proceedings of the Assembly of Virg* whoe vnd'take,
to take cognizance of things Relating to this province & the
people thereof whereas his Ma‘* of happy Memory by o* Charter
hath by expresse words exempted both the province & people
thereof from the Governmt of Virg* & made both it & them
depend' only of the Crowne of England & to desire of him the
s* St W™ Berkeley to take care for the future tht the assembly
medling with things relating to us & beyond their power be
noe cause of future difference betweene us which wee in our
Assembly’s on o* parts shall Jndustriously avoid Wherefore J
desire tht the s* Phillip Calvert may be Credited & beleeued
promising to Ratifye Confirme & approve whatsoever shall be
done by him according to this my Comission as if it were done
by myselfe Given at St Mary’s vnd" my hand & the lesser Seale
of this prouince of Maryland this 34 Day of June 1664.
[Examination of Indian prisoner. ]
From Ctey ffall this 7 of Iune 1664
May it please yor loP
Since our first a Court hath been held for this County at the
howse of Mr’ ffrancis Wright, where the Indian being againe
had, & in some measure examined, nothing appearing to any
purpose, but what wee have in ot ffirst given yo" honnot to
vnd'stand; yesterday when the prisoner was here, there was
severall Sasq*hanaghs to the number of forty & two of Ciuilitye’s
vnckle’s whoe made shew of much Joy at his being taken, for
they very well knew him & were Sensible of his warlike Ex-
ploites & would perswaded us to haue burnt him but wee
Certifyed th™ that it was not o Manne to torture our prison’
but tht happylye he might be sent home to his Country both
for their good & 0", but wee cannot find tht what this prisoner
did alleadge in his owne behalfe (as to matter of Beaver &
peake which hee hath s¢ they brought with them to purchase
peace) to be true, Whether had they any good Jntensdns wee
have done our vtmost Endeavot according to our abillityes ‘for
the obteyning a full discouery, & -pfect Relacons that yo" honnot
might have more full Intelligence of what did & was very like
Proceedings of the Council of Maryland, 1661-1675. 499
to happen what we have & doe vnd'stand herin is incerted & Liber H. H.
doe Conceiue tht your Lo? should haue thoughts for this prisoner
with a present to his owne Country in hopes of purchaseing
thereby, a peace w™ by every one wee thinke is much required
& most earnestly desired Iacob Clawson hath voluntaryly & of
his owne ffree will, declared to us his Redines to goe vpon your
Comand, & shall to the Vtmost of his Abillity for the Countrys
sake) act & Assist any one tht yo" lo? shall thinke fitt to Jmploy
in a matter of soe great Consequence & further tht he is veryly
pswaded tht if such a thing were to be acted Ciuility in the be-
halfe of all the Sasq*sahanaes would alsoe goe & th' thereby a
peace might be procured the Sasq*sahanahs wee know would
willingly Imbrace a peace if Obteyned but are vnwilling (through
height of Spirit) to sue for itt Wee have Credible Jnformacon
by a Gentl from the Manhattoes now here present who is thither
w't all eppedicon returning, tht many of the Cenacoes will
(through a Customary Trade) from the last of June vntill the
Middle of July be at the fort at Arania to whome wee desired
he would giue this Relacon, tht he saw one of their Countrymen
(nameing his name tht the English had taken, attempting to
doe Mischeife & tht he was well & fairly by the English dealt
with all not after the manner & Cruelty, tht they shewed to
some of us w™ they did form’ly take, & th' there was great
hopes tht he would in some tyme come amongst th™ agayne,
for by his kind vsage hitherto he Conceived noe lesse Jff what
wee have done appeares to your Lordshipp too much or too
litle Wee haue nothing to plead but o* ignorance humbly p. 202
Craveing pardon your lordshipps in all due Obedience
Tho. Stockett
Sam. Gouldsmith
Fra: Wright
To the Rt Hono™* Charles Calvert Lieut gentall of this
province of Maryland.
S' Mary’s
The declaracon of the Senecke tht was taken at Patapscoo
Hee says th' they Came into the howse of M’ Ball not with
any intent to kill any of the Christians, but had brought a
present, for the Christians of forty Beavers & bealts of peake
for the Sasq*hanos: tht they desired peace & freindshipp that
the boy th' were taken & the men th! were killed att the Mill
tht it was the Cyocko Jndeans th‘ did both kill & take th™ he
named the Indeans th: did bring the troopes on the Cuyticke
he says th‘ if he had been taken by the Sasq‘hanos, tht he should
not haue beene put to death by th™ th‘ all the Joynts of his
body is Belts of peake tht he hath laid out for desire peace & *
Liber H. H,
Pp. 203
Pp. 204
500 Proceedings of the Council of Maryland, 1661-1675.
quiettnes Jt was asked him how many Troope of the Senescds
was come out he s‘ th‘ there was Troops of th™ & tht the pty
th' he did belong to was 200 in Strenght then being asked why
tht they came soe Strong & soe many Troops out if they come
for Peace at tht he answered nothing, but th‘ their fort did not
desire any Warr with the Christians, tht the troops was come
out for Reuenge of the death of his Sonn & 2 Jndians more
tht was taken & burnt by Sasqthands when they came to M*
Balls plantacon, they had gott the signe & the word, & lelft
their Gufs behind th™ in the feild they were 21 tht Come Jn
May it please yor lop = From Fort Conquest this 6 Iune 1664
Wee have here with, through dutye caused this Jndian to be
brought before yo" hon’, what he is we know not, nor can giue
noe other Charact' of him, then what he himselfe hath Related
but by his examinacon & Circumstances, yo" hon’ will not con-
ceiue th‘either he in Cheife or his Complices, did bear any —
good will to the Jnhabitants of this yo" province, this Jndian
was taken vpon Thursday last of this Instant vpon the plan-
tacon of M* Balls in patapsco River there being 21 in Company
which did come in vnd" pretence & Colour of a freindly Trade
giveing the word & signe which after a While being in the
howse the English did suspect a possibillity of Trechery &
deceipt in the said Jndians & (without any shew) did in Some
measure provide for their defence, which perceiued by the
Indians they forthwith fled & this (through his Vallo*) being the
last was taken & brought vpp to Majo" Goldsmiths, who with-
out delay Carryed him to Mr’ ffrancis Wright to heare him
examined his Examinacon is herein in Closed, which wee thinke
may make this province Conclude th' it is the Senacoes, with
the Rest tht doe annoy the frontier Jnhabitants of this yo"
province, he is the first tht as yett hath been taken by the
English & tht through Gods providence without the losse of
Christian blood, but the Seasonablenes of the yeare w"® what
dayly to us appears giues us most Just Cause to Conclude tht
mischeife is at o' Doores which if God defend us not & yor
hon* forgett us the losse will be o® & yo' lo* Wee did thinke one
tht wee should haue had the happines to have seene yo" honno®
this Summer in these parts but if not wee are bound to wait
vpon your lordship Att St Mary’s vpon the Second Twesday
in Septemb" which according to o' Domesticke & necessary
Occasions will be a litle to soone, yo" honn’s
In all Obedience
Sam: Gouldsmith
Tho: Stockett
Thomas Howell
Godfry Bayly
Proceedings of the Council of Maryland, 1661-1675. 501
To the R' honno'* Charles, Calvert Lieu' of this province
of Mary'* dd.
St Mary’s
[Torture of two Oneida prisoners by the Pascatoways.]
Sir
Vpon Munday last the Indeans of Pascattaway sent to my
Brother & mee, word th' they had taken two prison” of the John-
adoes vpon the North side of patomake river desiring tht some
of the English would come & heare their Confession & see
their :pceedings agt them which should be the next day by
noone if wee would come or else send th™ word or wee th* J
would not come where vpon I requested my brother Ignatius &
Henry More to goe along with mee & wee went thither accord-
ing to the tyme they appointed & after I came they presently
began to Torter the man & gave mee this Relacon from him
by an Jnterpreter who vnd'stood him th‘ there was sixty of
them vpon the North side of patomacke River for to Warr &
kill the English & the Jndeans & doe what mischeife they could
& he confessed they had Cutt of one house & th‘ the English
had killed th™ six men but what had been don since hee came
from them he could not tell & he s* there was a hundred more
which were gone to the head of the bay to kill English there
& sasq’hanoes to if they can light of them & th‘ this Sumer
they did intend to come into our Necke to kill English if they
could but passe the Jndeans & not be discouered this I thought
good to acquaint yo" lo? w* tht you may vse what meanes yo"
can to giue th™ notice at Baltemore County th‘ they may looke
A te to themselues, as for the Relacon & maner of
gth of June 1664. their tortering th™ I omitt till I shall see yo"
hono’,
from yo" humble serut
Tho: Mathews
My Prot ee For the R* hon™ the Lieut gen‘all.
These from the Jndian Jnterpreto" M"
Thomas Mathewes for the safty of this :puince from howse to
howse post hast
1664 == Then a Come issued to Lewis Stockett to bee Coll:
June 27" and Comander in Cheife of all the fforces to bee raysed
betweene the Coues of Riuer to the head of the Bay on both
sides as allsoe uppon the Isle of Kent, and to enlist for his
owne Company such and soe many of the Inhabitants in any
part of the said diuisione as hee shall thinke ffitt, mutatis mu-
tandis ut est in folio 27d Com’ for Collonell Nathaniell Vtyes
Liber H. H.
p. 205
= ae eee
502 Proceedings of the Council of Maryland, 1661-1675.
Liber H. H. Att a Councell held the 27" June 1664
Present Charles Caluert Esq* Gou'no’ Phillip
Caluert Esq’ Chancello" Jerome white &
Baker Brooke Esq* Councello’s
[War with Senecas. |
Then was taken into Consideracon the p'seruacon of the
prouince ag* the incursion of the Cinego Jndians who lately
killed some English in Ann Arundell County & alsoe entred
the County of St Marys Ordred tht Warr be pclaimed agt the
Cinego Jndians tht‘a Reward of a hundred Armes lenght of
Roan Oake be giuen to eu'y :pson whether Jndian or English
tht shall bring in a Cinego prison" or both his Eares if he be
slayne That all the Kings of the freind Jndians be sent to, to,
arme out their people in pursuit of the Cinego Jndians & tht
the respespectiue Millitary Officers within the seu'all diuisions
of this :puince doe arme out such & soe many of their seu‘all
Companys as they shall thinke fitt to goe in Company w" the
freind Jndians to pursue the Enemy, & that they presse such
horses armes & ammuicon as from tyme to tyme they shall
find Necessary & tht they keepe a pticuler Accot of the s¢
armes & Amncon soe by them pressed to be sent downe in
Convenient tyme to y' Gou'no™ & Councell. :
p.206 ‘That every Officer millitary doe from time to time send all
intelligence to the Majo* Lieut Coll or Coll of the Respectiue
Regim's & tht the s¢ Majo" Lieut Coll or Coll doe from tyme
to tyme send Jntelligence to the Gouerno' & Coicell & tht
they keepe a Correspondence one with another And whereas
there is a Cinego Jndian taken prisoner in Patapsco Riuer who
alledges he came to seeke a peace & brought a present
intended to us & the Sasqthanough Jndians Ordred tht the
said Jndian be sent for downe to St Marys & kept in Jrons &
tht a Lre be written to gen‘all Stuy"zent to request him to giue
notice to the Cinegoes trading at fort range tht wee haue such
a ‘pson prison" whom wee shall keepe aliue till wee see whether
they desire a peace really or not because noe present come &
th if they desire not a peace as hee alleadges th‘ wee shall put
him to death & tht Jacob Clauson doe giue notice to the Sas-
q’sahanough Jndians of this our Jntencon & to require them
to declare whether they are willing to Joyne with us in this
Messuage till which answer Come this Lre shall be deferred.
Proclamacon
y
the Lueut Gen‘all
Whereas seu'all murders & outrages haue beene lately
comitted vpon seu'all English of this puince by the Cinego Or
Proceedings of the Council of Maryland, 1661-1675. 503
Jonado Jndians & that they doe dayly make inroades into this Liber H. H.
prouince Wee doe hereby publish & declare the s* Cinegoes
& Jonadoes to be Enemyes & as such to be reputed & spceed
agt by all :psons hereby declaring it to be lawfull for any :pson
Jnhabiting in this prouince to kill slay or take prisoner any of
the aforesad Cinego or Jonado Jndians that shall enter this p. 207
prouince Giuen und" my hand at St Mary’s 27 June 1664
Signed Charles Caluert
Com” issued for the Peace in st Marys County p.
to Robert sly Thomas Dent John Nuthall Capt
Luke Gardner John Lawson William Bretton Jno® Vanhack
Nicholas Young Leiutenn' Coll: John larboe Capt W™ Boar-
man Randall Handson Will™ Rosewell & W™ Barton Gent"
whereof the 5 first aboue nominated is of the Coram, ut est
mutatis mutandis in folio 105 only this alteracon to keepe
theire Courts on such dayes as by the Act of Assembly in such
Cases is Prouided
~
N
ce]
Sept 5th 1664
Persons added to the Comm™ of Baltemore County
Geo: Gouldsmyth Nath. Styles & Godfrey Bayley
dated the 3° of Octob" 1664
Commission then issued impowring George p. 213
Gouldsmyth Cap' of the ffoot in Baltemore County
in forme as usually
1664 Octobr 3d
Persons added to the Comm of Caluert County (uizt)
p. 212
John Abington Will” Dorrington
Reym® Staplefort { Will" Groome
for Coram in the old Comm™
Hugh Standley
Charles Brooke
John Abington
Dated 4" Nouemb™ 1664
S* Hen: Chicheleys &* Proposals touching Virginia Po RO:
Read in Councill 16'* Nov: 1664. ear
To the Right Hono’ the Lords of His Mats most Hono ee pe
Privy Councill.
A Representation of the Necessitie of Lessening the Quantity
of Tobacco and Proposalls most humbly offered for the
effecting it.
PP ROOF
Colonial
Papers. Vol.
XVIII, No.
141.
504 Proceedings of the Council of Maryland, 1661-1675.
In all dutiful Obedience to yo" Lo’?s Order of the fifth of
October last Wee whose names are under written have attended
the Right Hon’* the Lord Baltamore and treated with his Lo»?
to see whether wee could joyntly fix upon any fitt Proposition
to p'sent yo" Lo” for the Lessening the Quantity and soe con-
sequently to improve that Comoditie to the Advantage of both
Collonies But not being so happy as to have his Lo»s Appro-
bation to anie thing wee could propound, nor conceiving what
his Lo offerd us would at all Conduce to the desired end,
Wee thought it our Duty to persue the Last part of yo" Lo»®’s
Order by presenting our Proposalls apart, which wee have most
humbly done Leaving them to yo" Lo’ more grave Consider-
acons to determine or Reject.
First, Wee most humbly represent That the vast Quantities
of Tobaccos Yearly made in Virginia and Maryland hath soe
glutted all Markets both att home and abroad that it does
now very little more than pay his Mats Customs, And should
it further increase as in all probability it must (the Makers yearly
doing soe) that then shortly it will not pay the accustomed
Duties of Transportation so farr will it be from giving Main-
tenance to Thousands of his Mats Subjects that both here and
there wholly depend upon it.
If yo" Lo but please to make a Valluation of the English
Manufacturies that those places pent you will find it not less
than two hundred thousand pounds per Annu™. If you take
the Computacons of the People they are forty thousand at the
Least the Number of the Hogsheads they yearly make fifty
thousand, the Produce at the most three pounds per hogshead,
Soe that by this Scale yot Lo”? will plainly perceive the pittifull
and Inconsiderable Incombe the Planter hath for his Labour, when
ffive pounds a head is the most for all Necessaries, Clothings,
Howsing, Working Tooles and Supply of Servants And att
the yeares end when wee shall sitt down and Cast up our
Accompt, wee shall sadly find our annual Ballance fifty thou-
sand pounds wanting to bee worth Nothing.
This my Lords Wee hope will plead to yo Lor the Neces-
sitie of a Regulation in this Comoditie, Since the Exorbitancy
of Planting hath swelld the Quantitie so much above the Con-
sumption that it hath already brought it to soe Low and
Contemptable a Rate, that the Planter is noe way able to live
by his Labour Struggling daily with such inextricable Neces-
sities as will in tyme (as justly may be feared) make him des-
perate and prove a sadd Consequence of indangering the
Peace (if not the ruine of his Mat: Countr i
It may perhapps bee objected to yo" Loves ‘That the Comoditie
hath formerly beene as very a Drugg as now, The price as
Low, and yet the People subsisted peaceably and quietly.
Proceedings of the Council of Maryland, 1661-1675. 505
My Lords this is most true yett if yo" Lo’ but please to
looke back into the reason of it, you will then find That those
times had the Advantages that the present or future cannot
hope for; All the rest of his Mat Plantations then made
Tobacco as well as Virginia and Maryland which made the
Quantitie (as now) Exceed the Consumption, and that brought
it to the same Ebbe, other places finding Ruine, Knocking at
their Doores tymely and most prudently left it off, and by the
Advantage of the Creditt the London Merchants gave them
vent upon more profitable and usefull Comodities, and Left
that Unhappie Weede to Virginia and Maryland, that became
the only Marts for that Comodity, their Leaving it off (My
Lords) with the hope of sweet sented Tobacco that then bore
a price, planted but by a few, gave the People for a time a
Competent Subsistance, But now (My Lords) the Number of
the Makers is soe increased by yearely Transportations That
peculiar sort grown so Comon by the generall planting it that
all kind of Tobaccos is as very a Drugg as ever, and soe like
to Continue, unless it finds some Regulation from yo" Lo?
wisdomes since all wayes have beene Experimented both there
to mend the Quallity and here to give it what vent forreigne
places could receive, yet all Endeav™ have proved soe ineffec-
tuall that it is found cheaper in all places than where produced.
But since yo" Lo? have Commanded us to propose what
wee thought might give Life to this dying Country, Wee in
the first place p*sent to yo" Lo’®* Consideracon and Directions,
That some way may be thought on for the setting upon Silke,
fflax, transporting Masts making Iron Pitch, and Pott Ashes, of
all which the Country is most Capable though the Planter by
his great Poverty not ina Condition to attempt, they indeed
being Workers for publique purses (not for private) to under-
take, If any such practicall Expedient can bee found, It will
divert many from planting and soe Lessen the Quantity, double
to his Ma“ Customs in Staple Comodities, what is taken off
from this worth nothing, Keepe great and Considerable Sums
within his Dominions which yearely goes out for theis
Comodities, and his Majesty will bee furnisht with many
necessaries for his Navy of his owne growth at home att a farr
cheaper Rate than hee has thern now abroard from his Neigh-
bours.
Next wee humbly propose, That the tyme may bee Regulated
for the Shipps coming together from those parts, This att
Least will bring Security, and may make that harmless Experi-
ment whether or noe that great advance will accrew to the
Comodities, as many Knowing Men most confidently affirme.
Lastly, That the stint of dayes (soe much desired by his
Mats Governo' soe generally approved by his Ma" Country)
P. Rs GO}
Colonial
Papers. Vol.
XVIII, No.
I4!.
EE ee
ms
506 Proceedings of the Council of Maryland, 1661-1675.
P. R. O. may bee equally imposed upon Maryland as well as Virginia,
Pree since wee with all tender Respect have considered the Interest
XVII, No. of his Lo*s Province, and profess to find the Advantages to it
“4 - as great as to his Ma" Country, and noe Inconveniency att all
by the in Equallity of the Clime (as hath beene Objected)
Since want of Raine not Sunne hinders planting of Cropps
there, and Raine is as frequent to the Northward as Southward,
and for the Propagation of Plants the only thing rationally to
bee urged, It hath beene Experimentaly Knowne that they
have had them in England (by the help of hott Bedds) as early
as wee in those parts, and England is much more Northward
than any of his Lordshipp’s Dominions, though hee takes New-
found Land in, Soe that wee cannot but hope that neither his
Lordshipp nor Province (upon second thoughts) will think
much for soe great a good to redeeme themselves and Neigh-
bours from inEvitable poverty to bee at that little and incon-
siderable Charge and trouble that Gardiners usually are at here
for early fruites or Potthearbes.
Theis things wee have thought fitt to present to yo" Lops
view hoping by your grave wisdomes there will bee a Period
put to theis unnecessary Disputes and some Effectuall and
speedy Course taken for the good of both Countryes.
Which shall bee the hearty prayers of yo"
Lor’s most humble & devoted Servants
Hen: Chichley
John Jeffreys
Edward Digges
Francis Morryson.
Recd: Nov‘ 1664.
PRO. 19" November 1664.
Colonial
Papers. Vol. ‘The Answer of the Lord Baltemore to the Paper exhibited
xy’ N® on 16" instant to the Right Hon?® the Lords of his Majestie’s
most hono”* Privy Councill by ‘Sir Henry Chicheley, M* John
Jeffreys, Mt Edward Diggs and Collo: Francis Morryson con-
teining certaine Proposalls for the lessning of the quantity of
Tobacco in Virginia and Maryland &c.
To the first Proposall he shall for his part most readily
concur to any expedient that shalbe thought fitt to sett the
PlantacoOn upon more staple Commodities.
To the second fora regulacon of shipping to come togeather
from those parts he wonders to meet with it here so soone
again, when it was so lately upon a full hearing of both sides
reveiled by his Majesty’s royall Councell Board by an Order
dated 29" June 1662 nor hath any relacon to the lessening the
quantity of Tobacco, which was the only thing recommended
by the Board to those Gentlemen to make proposals in. And
Proceedings of the Council of Maryland, 1661-1675. 507
he humbly conceaves your Lordshipps will not think it reason-
able an experiment should be made as they desire at the cost
of so many Masters and owners of ships and Traders to those
parts, which the said Gentlemen alleadg no other ground for
but the confident affirmacon of many Knowing men (who may
perhaps have a designe of their owne interest in it) and which
though they please to call it a harmless experiment would
hazard the undoing of a multitude of the lesser Traders to
those parts, as was demonstrated in the reasons exhibited to
the Councill Board against that Proposall which he hath ready
to shew to your Lordshipps if required.
To the last Proposall for lessening the quantity of Tobacco
by a stint, and that the same stint day may be imposed upon
Maryland as Virginia.
First he humbly represents to your Lordshipps that if there be
not a notable lessening of Tobacco by such a stint it will be of
little avail to the end pretended, and if there be, it will be very
prejudiciall to his Mat* and the present Termes of the Cus-
tomes, by notably lessening the Customes and excise upon
that Commoditie which he hopes will be alone sufficient to put
a stop to this Proposall.
Secondly he cannot see any ground for the pretended great
necessity of lessening the quantity of Tobacco nor do they
make it out by any proofe but onely things of their owne
affirming which he can as easily deny as they affirme, and he
wonders at their saying that Tobacco is brought to so low and
contemptible a Rate that the Planter is no way able to live by
his labour, strugling daily with such inextricable necessities as
may be justly feared will in time make him desperate and
indanger the peace of the Country, when these consequences
of despair and Mutinie, are much more to be feared from the
way they propose of restraining the Planter in Maryland with-
out a Law of the Country, in their liberty, which they conceive
is their Birthright as Englishmen of planting what quantity
they please of that Commodity, which is to be their money to
buy them clothes, tooles, and all other necessaries for their
subsistence, which priviledge and liberty they hope they have
not lost by adventuring their lives and fortunes thither which
hath produced to his Majestie a revenue of above twenty
thousand pound yearly, which is paid in England for the Cus-
tome and excise of the Tobacco which comes from Maryland
alone, and the Planters there are so farre from any such Pov-
erty as those Gentlemen alleadge and from not being able to
live by their labours that if there be any that live in a poore
manner it is not from the low price of Tobacco, but from their
owne sloth, ill husbandry, and profusely spending their cropps
in Brandewine, and other liquors, it being evident, and Known
PRS ©:
Colonial
Papers. Vol.
XVIII, No.
144.
Pore GC
Colonial
Papers. Vol.
XVIII, No.
144.
508 Proceedings of the Council of Maryland, 1661-1675.
to all, that Know those parts that such as are industrious and
frugall, live in great plenty in compare to the husbandmen of
England, of the same rank, and divers of them grow from
nothing to great estates, and the reason is cleare for a painfull
and able man will ina Summer make his four hogsheads of
Tobacco which at the rate as it now is will produce in England
fourteen or fifteen pound which will buy him cloathes and
another servant cleare, besides which he will plant corne
enough to find himselfe, and to sell for four or five pound
more, and reare a stock of Cattle &c. And therefore as for
their calculacon of two hundred thousand pound sent thither in
goods &c by w* those Gentlemen would inferre the pittifull
Income the planter hath for his labour he believes there is both
a mistake in the Calculacdns, and a non sequitur in the infer-
ence, and that if the Merchants Warehouses here should be
searched a little afore new Tobacco come home it would be
found that the liberty of Planting hath not swelled the quantity
so much above the consumption as those Gentlemen alleadg.
Thirdly he thinks he hath reason to doubt that the Petition
from Virginia for this stint wasa designe, either to cause some
ill reflections upon him and Maryland, as an obstruction to a
pretended publique good, or else to putt a notable disadvan-
tage upon Maryland by proposing that which if not consented
to might produce the first, and if consented to would certainly
produce the second, and his reason is the cause if their
designe had been only to lessen the quantity of Tobacco as is
pretended they would have embraced what was proffered by
the Assembly in Maryland, and himselfe since, abundantly
sufficed to that end, For as soone as the Assembly in Maryland
understood from him that upon a former Petition about two
yeares since, his Majesty in Councell by the above mentioned
order of the 29" June 1662. was graciously pleased to recom-
mend to both Colonies the considering of some way for lessen-
ing the great quantity of Tobacco the Assembly in Maryland
proffered to concur with Virginia to a totall cession from plant-
ing any Tobacco at all in either Colony every third yeare
which would have been a way free from all exceptions of
inequality and most effectuall to the end intended, and at his
last meeting with those Gentlemen he proposed it as a way he
was ready to concurre to, but it was not accepted. Then for
their owne way of a stint it was also proffered to concure to it,
So it were not to the notable prejudice, and disadvantage of
Maryland, that is so as there were an allowance of twenty
dayes to Maryland, to plant Tobacco after the stint days in
Virginia, to balance the difference of the climate. There being
above 3 degrees of northerly latitude distance betwixt the
northern parts of Maryland and the southern parts of Virginia,
Proceedings of the Council of Maryland, 1661-1675. 509
and consequently three weeks difference in the seasons for
planting Tobacco.
Fourthly he thinks fitt humbly to represent to y' Lordshipps
some difficulties not yet perhaps foreseen that are like to
encounter the practice and execution of this way of a stint;
vizt 1. that the seasons for planting Tobacco happen some-
times so variously and uncertainly that if the stint day be set
so early in the year as certainly to lessen the quantity of To-
bacco it may, it may indanger that very little or none shalbe
planted and so undoe the Planter as for example if the stint
day had been last yeare the 20 of June, as is desired in the
Petition from Virginia, there would have been no Tobacco
planted in Maryland and perhaps not much in Virginia, for
last year there was no season to any purpose in Maryland till
the 20" of July. 2. That there wilbe no means of convicting
transgressors without either encouraging servants to inform
against their Masters, or next Neighbours one against another,
both which wilbe odious and dangerous for perjury and setting
families in combustion both within themselves, and one against
another, or else appointing Officers in every County, or hundred
to veiw every severall Plantation afore, and presently after the
stint day, to note and number how many hills, or what portion of
a field is planted before the day, which in so many Plantations so
farr distant one from another as they are in those parts wilbe a
matter of great charge and trouble and no officers wilbe found
willing to undertake it without considerable salary for their
paines, and no way to raise those salarys. Moreover if any
Officers should be appoynted to see to the execution of it, it is
to be feared there wilbe that negligence, corruption or par-
tiality in it, as will render it ineffectuall to the end intended as
was found by experience in a like Act in Virginia for burning
Tobacco, which by this meanes came to nothing.
Lastly if your Lordshipps notwithstanding all these reasons
against it, shall think that way of a stint day for the planting
of Tobacco in those parts to be necessary he hopes you will
think it just and reasonable that the stint day in Maryland
should be at least twenty days after that which shalbe set for
Virginia for the reason above alleadged of the difference of the
climate, that which those Gentlemen oppose to this having (as
he humbly conceaves) no force of reason in it, for, 1. the
difference of seasons for rain alters with the clime and so
raine may be more frequent at some times to the Northward
and yet in Summer more early to the southward. 2. It seems
strange those Gentlemen should think it a reasonable answer
to salve the difference of the clime, that Maryland may helpe
itselfe by hott beds when. 1. that remedy is not practicable
by the generality of Planters there, that have neither horses nor
BP: REO
Colonial
Papers. Vol.
XVIII, No.
144.
Then @e
Colonial
Papers. Vol.
XVIII, No.
144.
eRe!
Colonial
Papers. Vol.
XVIII, No.
148.
510 Proceedings of the Council of Maryland, 1661-1675.
sheep, nor other means for dung to make them. 2. the plants
so produced by force are not halfe so kindly and sound as the
others. 3. why should the people in Maryland who are nere
as many as are in Virginia be put upon that disadvantage ofa
work of that trouble and charge, when there is no reason for it
but a benefitt to redound to others. 3. if they in Maryland
may make hott bedds to hasten their plants three weeks sooner
so may they in Virginia too; and so the disadvantage of clime
will be still the same, and the stint day of no effect for the
lessening of the quantity of Tobacco. 4. He can make it
appeare to your Lordships by some Planters of Maryland, now
in England, who have had experience of both Colonies that
there is three weeks difference between some parts of Virginia,
and some parts of Maryland in the seasons for planting of
Tobacco and that the reason thereof is the difference of the
latitude, which witnesses he humbly desires may be heard be-
fore any Order be made in this business, if your Lordships be
not satisfyed with the reasons aforesayd.
cee At the Court at Whitehall
a the 25'* of November 1664 ,
Present.
The Kings Most Excellent Majesty.
The Arch. Bish: of Canterb: Earl of Bathe
Lord Treasurer Earl of Lauderdail
Lord Privy Seale Lord Bish: of London
Duke of Buckingham Lord Wentworth
Duke of Ormond Lord Berkley
Lord Great Chamberlain Lord Ashley
Earl of Berkshire M* Secretary Bennet
Earl of Anglesey St Edward Nicholas.
Whereas a Petition was presented to his Majesty by Colonell
Moryson Agent for the Colony of Virginia in the Name of the
Governor, Councell and Burgesses there giving an Account of
their proceedings upon his Mat Instructions for Commissioners
to be nominated for the Plantacons of Virginia, and Maryland
to meet and hear of the most convenient way of lessening the
Quantity of Tobacco in those Plantacons which being read at
the board it was ordered the rot day of August last that the Lord
Baltemore, Lord and Proprietary of Maryland, should have a
Copy of the said peticon, and both Partyes be heard at the
Board the first Councell day after Michaelmas, and accordingly
upon the 5 of October the said business was resumed, and
after hearing the debates on both sides their Lors did then
order that the Lord Baltemore, Colonel Moryson, St Henry
Chicheley Knight Edward Dige’s and Iohn leffreys Esq'* and
Proceedings of the Council of Maryland, 1661-1675. 511
others concerned in the Colony of Virginia should meet to
consider of, and frame an Agreement between themselves, and
that if they could not joyfully agree thereupon then each party
to draw up distinct Proposalls, and deliver them to the Board,
that the Lords Committees of Plantacons might be desired to
meet, and consider thereof, and Report their opinions to his
Majesty whereupon no agreement being settled between them,
the said Colonell Moryson, St Henry Chicheley, Edward Digg’s,
and John leffreys did upon the 16" present deliver in Proposalls
which they conceived conducible to the good of Virginia, and
the Lords Committees taking the same into serious Con-
sideracon on the 19" Instant, and having fully heard the Lord
Baltemore, and St Henry Chicheley, Colonell Moryson, M*
Diggs, and M' leffreys, touching the said Proposalls, and con-
sulted with the Farmers of his Maes Customs thereupon their
Lo’’s thought fitt humbly to represent to his Majesty.
1. First. That the Proposall touching a cessation, stint or
limitation of planting Tobacco in the said Plantacons is incon-
venient both to the Planters and to his Maes Customes.
2. That the proposall for limiting a time for Ships to return
from Virginia or Maryland will be prejudicial both to the Planters
and his Mates Customes.
3. For incouragement of Planters in the said Colonies to
apply themselves to the Planting other Comodities which may
be of more benefit than Tobacco, his Ma'Y would be pleased to
permit that all the Hemp, Pitch and Tarr of the growth, Pro-
duction or Manufacture of Virginia and Maryland, which
should be brought into this Kingdome, for the space of 5 years
from the date hereof might be Custome ffree. Which report
being read at the Board his May present in Councill, and con-
curring in all particulars with the Lords of the said committee
did order that there should be noe cessacon, stint or limitation
imposed on the planting Tobacco in Virginia, or Maryland, nor
any time limited for ships to come from either of those Plan-
tacons but every trader thither to be ffree to return theme at
his own time, and as his occasions should serve, and his Ma'y
of his Princely grace and favour being desirous to give all en-
couragement to the Planters of both Colonies, did direct that
the Right Hon?" the Earl of Southampton Lord High Treasurer
of England, and Lord Ashley Chancellor, and under Treasurer
of the Exchequer, should give directions to the Officers, and
ffarmers of his Majesties Customes for the time being to permitt,
and suffer all the hemp, Pitch and Tarr, of the growth, pro-
duction and Manufacture of the said Plantacons of Virginia
and Maryland, that shall be brought into the Kingdome during
the space of five years from the date hereof to be freely im-
ported, and unladed without demanding or receiving any Cus-
pe Re 0:
Colonial
Papers. Vol.
XVIII, No.
148.
P. RLO.
Colonial
Papers. Vol.
XVIII, No.
148.
Liber H. H.
p. 212
Pp: 213
512 Proceedings of the Council of Maryland, 1661-1675.
tome, or Imposition for the same. Provided that care be taken
by his Mats Officers that under pretence hereof his Majesty
be not defrauded of his Dues and Customes, or any Pitch,
Hemp or Tarr, which is not of the growth Production or Manu-
facture of these Plantacons.
Iohn Nicholas.
Persons added to the Com™ of Kent County (uizt)
Jonathan Sybray de Coram
Mathew Read
William Elliott dated 23'* Decemb" 1664
Deliuerance Louely
Robt Dunn
To the Rt hon" the Leivt Generall
The humble peticon of Margarett Hawkins
Sheweth That whereas Capt John Norwood late Sherriffe of
Ann Arrundell County hath taken away from your pet’ hus-
band, Cattle to the Vallue of one thousand pounds of tob,
vpon pretence of a breach of an Act of Assembly by his Sonn
Entituled an Act for Millitary discipline when in truth he was
never Sumoned thereunto by any Officer nor had knowledge
thereof, as may app" by the Sold® denying any parte of the
said fyne they knowing itt to be vnjustly taken he not refusing
to send his Sonn to the place of Millitary Exercise when-
soever Summoned therevnto
May itt therefore please yo" hono' that seing the Soldiers
willingnes to remitt, their parte of the fyne your hono" would
be gratiously pleased to remitt yours and that an Ord' to that
Effect may be sent from your Honnot vnto the sayd Capt Nor-
wood to Deliver the said Cattle againe in your pet®™ husbands
hand and yout, peticoner as in duty bound shall pray
Lett the peticon be granted
Charles Calvert
Whereas Margarite Hawkins in her peticon declared that
John Norwood late Sherriffe of Ann Arrundell County hath
Cattle to the vallue of one thousand pounds of tobacco from
her husband taken, in Satisfaccon of a fyne due for not appear-
ing att Musters, in Which peticon she prayes that as the Sold's
on their, partes hath quitted their Jnterést to the sayd fyne
that the other part may be likewise remitted
Wherefore itt is ordred that the said ffine be fully
remitted, and the said Cattle soe taken -from the said
Hawkins be againe restored and delivered into the
Proceedings of the Council of Maryland, 1661-1675. 513
hands of the pet» Husband And for soe doeing this Liber H. H.
shall be your Warr! Given vnd' my hand this 19'* Day > 7"
of January 1664
To Capt John Norwood in the
County of Ann Arrundell
[Order of Privy Council.]
After our very hearty comendacons Whereas by our Letter P- 223
of the Thirteenth of this instant January Wee did direct you to
give Effectuall Order, That all Shipps Trading unto or within
the Capes of Virginia, should Associate & returne from thence
in Company, for their mutuall assistance which the one may
giue to the other, for their better Security & preservacon,
NotwithStanding which wee thinke fitt to lett you know That
by these words (with the Capes of Virgina) Itt was not in-
tended that Mary-Land or any part thereof should bee included
And therefore wee have written to the Lord Baltemore & pro-
prietary of that plantacon to give Order to the same Effect soe
as you are not to pursue the direccons in our former Letter
any further then in relacon to Virginia, and the shipps trading
thither And not doubting of yo" complyance herein wee bidd
you heartily farewell from the Court att Whitehall this 20" of
January 1664.
yo" very Loving freinds
Albemarle Dorchester Lauderdaill
Manchester St Alban Ashley
Carbery Henry Bennett
Charles Edward Walker
G. Carterett
Tho Ingram
February ro 1668 p. 214
By Order from the Leiutennt Generall to bee Added to the
Comm of Baltemore County these p'sons George Vtie
George Goldsmyth and Cap‘ John Collier, The two first of the
Coram
February 22'" 1664
By the Leiutenn't Generall Ordered, Antoine Le Compte
haue Pattent of Dennizacon to him his wife and Children
Mutatis Mutandis in folio 157
To Benois Brasseurs
March p™ 1664
John Nuthall then pet’ for Comm” to trade w'? the Indians,
and thereupon Ordered
Liber H. H.
Pp. 215
514 Proceedings of the Council of Maryland, 1661-1675.
Comm issued to John Nuthall for trade wt the Indians
Jdem mutatis mutandis ut est in folio 161 to ditto Nuthall and
in force to Continue untill the 25" of ffebruary next ensueing
the date thereof being the first March 1664
Bond then likewise giuen by recognizance to the Lord Pro-
prietary of ffiue hundred pounds sterling for the said Nuthalls
due p’formance of the said Com and the last Act of trade
w' the Indians to be paid uppon forfeiture att or before the
last day of ffebruary next ensueing
1664/5 March 2d By Order from the Leiutenn' Generall
Ordred Gasper Guerin haue pattent of Dennizacon to him
and his heires
Mutatis Mutandis in folio 157
To Benois Brassieurs
ditto die The same to Egbrett Ganison of Petuxent
Vt Supra
Att a Court held att Newtowne for the County of St Maries
the first Tuesday in March 1664
Present
Capt Luke Gardner ) Leiut Coll Jo" Jarboe
Mr’ John Lawson Capt W™ Boreman
M* W" Bretton Leiv' Randall Hanson | Comiss**
Mr’ John Vanheck M* W™ Rosewell |
Mr’ Nicholas Young Mt W™ Barton L
In referrence to an Act of Assembly intituled an Act appoint-
ing Sherriffes the Co* doth p'sent Cap‘ Luke Gardner M’ John
Lawson & M* Vankeeckuuts the Rt hon’ the Leivt Generall
to nominate & appoint one of them three to serue as Sherriffe
in this County of St Maries, this next Ensueing yeare, according
to the afores* Act.
A true Coppy from the Record be mee
Walter Hall
Lett a Comission be drawne for M: John Lawson to be
Sherriff this Ensueing yeare & warrt for the taking a list of
Tithables & lett them be sent wt! speed to my howse to be
signed & sent
Charles Caluert
To Daniell Jenifer Clke
of the provinciall Court
Proceedings of the Council of Maryland, 1661-1675. 515
Czecilius &c. Know yee tht wee reposing Speciall Confidence Liber H. H.
& trust in you M* John Lawson & for that the County Court
of St Mary’s have presented yo” amongst three to serue as
Sherriffe for the said County for this Ensueing yeare have p. 216
Constituted Ordayned & appointed & doe by theis presents
Constitute Ordaine & appoynt you Sherriffe of the s* County,
& to have such priviledges and benefitts as any other Sherriffe
within this our prouince of Maryland now hath or any other
sherriffe of your st County ever have had held or Enjoyed or
of Right ought to have had held or Enjoyed To have & to hold
the said office or Jmploymt for one whole yeare to be Computed
from the first day of Aprill next Ensueing and after till another
Sherriffe by yo" s‘ County Court to be p'sented shall be law-
fully by Pattent Constituted Provided that he the said John
Lawson doe in open Court in his said County take the Oath of
Sherriffe hereunto annexed & giue security for the well dis-
charging of his Office & trust according to the Act of Assembly
in tht case provided Given att St Marys vnd* our Lesser Seale
of our said province of Maryland the 23" day of March in the
34 yeare of our dominion over our s* province of Maryland
Annoq dom 1664 Wittnes our deare Sonn & heire Charles
Caluert Esq? our Leiv' Generall of our s* province of Maryland
These are to will & require you that by the 20 day of July
next you cause a list to be taken of all the Tithables within yo'
County & that in the s*list the name & surname of Each Tith-
able :pson & the howse of his abode be distinctly sett downe &
a Coppy thereof faire written & sent immediately downe to the
Governo® & Councell & another Coppy of the s¢ list sett up in
the Court howse att yo" next County Court to remaine there
for the whole yeare to the End th‘ if any Errors be therein they
may be corrected & the same certefied to the Gover’ & Councell
before the first day of Septemb* next herein faile not as yo” will
answere the Contrary And for soe doing this shall be yo" Warr*
Given vnder my hand this 1* of Aprill 1665
To John Lawson High
Sherriffe of St Marys
County
You shall well & truely serue the Lord Proprietary in the p. 217
Office of a Sherriffe of the County of St Mary’s & doe his lo»
profitt in all things tht belongs unto you by way of Office as
far forth as yo” can or may yo” shall truely & R‘fully treate
the people of yo" Sherriffwick & doe Right as well to the poore
as to the Rich in all tht belongs vnto yo" Office you shall doe
noe Wrong to any man for any Guift favour hate or other
affeccon yo” shall duly Execute soe farr as you may all such
Liber H. H.
p. 218
p. 224
516 Proceedings of the Council of Maryland, 1661-1675.
writts & warrants as shall be to you directed by Lawfull
Authority and thereof you shall make a true returne According
to the Tenor of the writt soe helpe yo” God
Whereas I am given to vnderstand that some demurr may
be made concerneing yo' officiating the office of Sherrife vntiil
you have taken yor oath in yo" County Court and given security
as in yo" Comission is provided for, and whereas the Comm’
of yo' County doe not intend to hold Court in yor County vntill
June next after wch time must be returned (and that too sud-
denly) the list of taxable psons according toa speciall warrt to
you directed for that purpose
These are therefore in the name of the Right hono®® the
Lord proprietary of this province to will and require and like-
wise to Impower you John Lawson that forthwith you warne
and conuene together at a certaine day to be by you appointed
M* Thomas Dent Mr: Randall Henson M* John Jarboe Capt
Luke Gardner M' William Barton and M* William Rosewell
or any foure of them whereof one to be of the Coram together
with the Clarke of yo" County Co" & that before them you take
yo’ Oath belonging to Sherriff as is to yo" Comission affixed
and give bond likewise as is p'scribed by Act of Assembly in
that behalfe and that thereupon you doe all things belonging
to yo" Office of Sherriffe without further delay Lastly that you
cause the Clarke of yo" County Cot to send downe to the
Leivten' Generall and Councell with what speed hee may his
Certifficate of the proceedings herein Given und" my hand this
11" of Aprill 1665
To Mr’ John Lawson
To our very loving freind S' William Berkley
Kn‘ Governo' of Virginea
Right Hon?
My humble seruice to you Honour presupposed,
These are to acquainte yo" Honnt that Our Comm* att Our
last Court hath Nominated these Gent for the Sherriffs Office,
according to Act of Assembly (uiz‘) Mt Hugh Stanley Mt Charles
Brooke, M' Thomas Leitchworth Noe more at p*sent but sub-
sribe my selfe,
yo" Hon* most humble serut
Aprill 11% 1665 James Thompson Clk
Proceedings of the Council of Maryland, 1661-1675. 517
At a Court held for the County of
Anarrundell
~ March 14" 1664/5
Mt Samuel Wythers | cap Burle 7
Present :
George Puddington } Cap'Tho: Besson | : -
Read Ewen . Roger Cross Eamisen
Jon Norwood
This day the Court tooke into Consideracon the Election of
a Sherrife for the County the next yeare and hath nominated
M’ Robert Burle Capt John Norwood and M' Richard Ewen &
hath ordred their names to be sent to the Governo" & Coun-
cell according as it is in that case provided to Elect one of
them for Sherriff the next yeare ensueinge.
Vera Copia teste me Nath: Heathcoate Cler Com:
Let a Comission be drawne for M’ Richard Ewen for the
Sherrife place of An Arrundell County and likewise a Warrt
for takeing the list of tithables with the Oath affixt as tht of
M* Lawsons, Let the bearer hereof have it to bring to mee to
Signe
Charls Colvert
Cecilius Absolute Lord & proprietary of the provinces of
Maryland & Avalon Lord Baron of Baron of Baltemore &c
Know ye tht wee Reposeing Speciall Confidence & trust in
you M* Richard Ewen And for tht the Conty Court of Anne
Arrundell have p'sented you amongst three to Serve as Sher-
riffe for the said County for this Ensueing yeare Have Consti-
tuted ordained and appointed And doe by these p’sents con-
stitute ordaine and Appoint You Sherriffe of the said County
And to have such priviledges & benifitts as any other Sherriffe
within this our province of Maryland now hath or any other
Sherriffe of yo" said County ever have had held or enjoyed or
of Right ought to have had held or Enjoyed To have & to
hold the said Office or Imploym! for one whole yeare to be
Computed from the day of the date hereof, And after till an
other Sherriffe by yo" said County Court to be p'sented shall
be lawfully by pattent Constituted Provided th‘ hee the said
Richard Ewen doe in open Court in his said County take the
Oath of Sherriffe hereunto annexed And give Security for the
well discharging of his Office and trust According to the Act
of Assembly in tht Case provided Given at S' Mary’s vnd" our
lesser Seale of our said province of Maryland the thirteenth
day of Aprill in the foure and thirtyth yeare of our Dominion
over our said province of Maryland Annoq Domini one thou-
Liber H. H.
p- 218
p- 219
Liber H. H.
Pp. 220
p. 221
518 Proceedings of the Council of Maryland, 1661-1675.
sand six hund‘ sixty and five Witnes our deare Sonn & heire
Charls Colvert Esq. our LeiftentGenerall of our said province
of Maryland
These are to will and require you tht by the twentyth day of
July next you cause a list to be taken of all the Tithables with-
in yo" County, And tht in the said list the Name & Surname
of Each Tithable pson and the house of his Abode be dis-
tinctly set downe And a Coppy thereof faire written & sent
imediatly downe to the Gounot and Councell And another
Coppy of the said list sett up in the Court howse at yo" next
County Court to remaine there for the whole yeare To the
end tht if any Erro* be therein they may be Corrected And the
same Certifyed to the Governo' and Councell before the first
day of September next herein faile not as you will answer the
Contrary And for soe doeing this shall be yot Warrt Given
und’ my hand this thirteenth of Aprill one thousand six hun-
dred sixty and five
To Richard Ewen high
Sherriffe of Anne Arr-
undell County
You shall well & truely Serve the Lord prop’tary in the
Office of a Sherriffe of the County of Ann Arrundell and doe
his Lordps proffits in all things tht belongs vnto you by way of
Office as farr forth as you can or may You shall truely &
Rightfully treat the people of yo" Sherriffewick & doe Right as
well to the poore as to the Rich in all tht belongs vnto yor
Office you shall doe noe wrong to any man for any Guift favor
hate or other affeccon You shall duely Execute soe farr as you
may all such writts & Warr‘ as shall be to you directed by
Lawfull Authority, And thereof you shall make a true Returne
According to the Tenor of the writt
Soe helpe you God &c.
Att a Court held at Newtowne for the County of st Marys
the 15"" day of Ap" 1665
M*' Thomas Dent \ Leiutt Randolph Hanson C 2
Leiut' Coll In° Iarboe f M« William Rosewell ne
This Court being called and Conuened by warrt and Ord
from the Hon" the Leiutennt Generall to Administ’ the Oath
of a sherriffe unto In? Lawson of Poplar Hill Gent: uppon
Occasione of some urgent Bussiness of the Countys w% other-
wise could not bee dispatched. In reference to which the said
Proceedings of the Council of Maryland, 1661-1675. 519
John Lawson had his Com” of Sherriffe read in open Co" and Liber H. H.
likewise had the Oath Administred unto him which was there
affixed to the said Com‘ And allsoe the said John Lawson
gaue Bond to the Court of One hundred thowsand pounds of
lawfull tobaccoe of Mary-land for theire security for his good
p’formance of his said Office of sherriffe
Vera Copia Walter Hall
Rigt Honnorable
According to Act of Assembly the Comm* of Charles
County haue nominated three persons out of which yo" Honno™
may be pleased to Commissionate One to Officiate as High
Sherriffe of Charles County for the yeare of Our Lord 1665
The names of which p’sons are (uiz')
M: Henry Addams
Mr’ Joseph Harrison
And
M’ Walter Beane
George Thompson
Clke
The Honn’* Leiutenn' Generall Ordered
that out of the three p’sons aboue
menconed Henry Addams bee
Commissionated High Sherriffe
of Charles County, dated
this 19" day of Aprill 1665
Aprill 20 1665 Dacee
Then Com‘ Excert By Ord" from the Leiutennt Generall
prout in Ordinario in folio 218 for mr Henry Addams to be
Sherriffe of Charles County, w the Oath Affixt and Warrt to
take a list of the tythables in the said County as doth follow the
Comm™ to Richard Ewen in folio: 218-abouesaid
For Sherriffe for Talbott County
M* Thomas Vaughan
M’ Abraham Bishop
M’ William Taylor
Test. :p mee
Thomas Vaughan Clk
Ordered by the Hon* Leiutennt Generall that Thomas
Vaughan One of the three persons aboue menconed be Elected
sherriffe for Talbott County for this yeare of 1665
Whereuppon Com” Excert the 20" Aprill 1665 prout in
Ordinario in folio 218, for Mr Thomas Vaughan to be sherriffe
Liber H. H.
Pp. 224
pa22s
520 Proceedings of the Council of Maryland, 1661-1675.
of Talbott County, w'* the Oath Affixt, and Warrant to take a
list of the tythables in the s* County as doth follow the
Comm” to Richard Ewen in folio 218 abouesaid
Ordered by the Hon’* Leiutennt Generall That
Entred Thomas Vaughan One of the three p'sons abouemen-
before coned be elected sherriffe for Talbott County for this
yeare of 1665
Whereupon Comm” Excert the 4'* May 1665 prout in
Ordinario in fol: 218 :p Thomas Vaughan
Ordered by the Hon” Leiutenn' Generall that M* Charles
Brookes One of the three p'sons aboue menconed be Elected
sherriffe for Caluert County for this yeare of 1665
Whereuppon Comm" Excert the 4t* may 1665 prout in
Ordinario in fo: 218 -p Charles Brooke to be sherriffe of
Caluert County w" the Oath Affixt, and warrt to take a list of
the Tythables in the st County as doth follow that Com‘ to
Rich* Ewens in folio 218 aforesaid
John Collett Clarke of Baltemore County acquaints the
Hon’* Leiutennt Generall that theire County Court hath
Elected three p'sons to serue as Sherriffe for that County for
this yeare 1665
Ordered by the Leiutennt Generall that M' John Collett One |
of the three p’sons (the other being Godfrey Bayley and
Nathaniell Styles) nominated be Elected Sherriffe for Balte-
more County for this yeare 1665
Whereupon Comm™ Excert the 4! may 1665 prout in Or-
dinario in fo: 218 -p John Collett to be Sherriffe of Baltemore
County w* the Oath affixt and warr' to take a list of the tyth-
ables in the said County as doth follow that Com to Richard
Ewens in fo: 218 afore8aid
Charles Brookes now Elected Sherriffe of
Caluert County desires Com to Conuene
some Comm" to Sweare him, as followeth
Whereas I am giuen to understand that some demurrer may
be made concerning the Officiating the Office of Sherriffe
untill yo” haue taken yo' Oath in yo" County Court & giuen
security as in yot Comm" is Prouided for, and whereas the
Comm* of yo" County doe not intend to hold Court in yo"
County untill the 20% day of June next, after which time must
be returned (and that too suddainely) the list of taxable p'sons
according to a speciall warr' to yo" directed for that purpose
Proceedings of the Council of Maryland, 1661-1675. 521
These are therefore in the name of the Rigt Hon * Hon"® Liber H. H.
the Lord Prop* of this prouince to will and require and like- » 7°
wise to impower yo” Charles Brooks that forthw™ yo” warne
and Conuene together on munday next being the 22" of this
instant month of May Major Thomas Brooke Thomas Leitch-
worth William Dorrington William Groome and Tobias Norton
or any foure of them whereof One to be of the Coram, Together
w" John Turuill the intended Clarke for yo" said County Court
And that before them yo” take yo* Oath belonging to Sherriffe
as is to yo" Comcon affixed, and giue bond likewise as is
p’scribed by Act of Assembly in that behalfe, and that there
uppon yo” doe all thinges belonging to yor Office of Sherriffe
w"out further delay, And allsoe they the said Comm® are re-
quired to Administer Oath to the said In° Turuill uppon his
being receiued as Clarke of yo" Court, After w yo” cause him
the said Turuill to send downe to the Leiutenn' Generall and
Councell w™ w' speed he may his Certifficate of the Proceed-
ings herein Giuen und’ my hand this 17" day of May 1665
To Charles Brooke gen‘ Charles Caluert
By Charls Calvert Esq. Leivitent
Generall of Maryland
Haveing Certaine Notice that there hath bene of late
Seuerall persons & Jnhabitants in this province Wounded and
Slaine by some stranger Jndians in and about yo’ p‘cincts and
other places Adjacent, You are therefore upon sight hereof to
take a speciall Care by sending out Scouts to the heads of the p. 227
Rivers within yo" Division (or otherwise as by the Advice of
the Comm’ of yo" County or the Major part of them shall be
Judged Convenient) to Secure the peace and persons of the
Jnhabitants within yo" said Division from the Jncursions of any
Jndians whatsoever, and for the prevencon of their further
mischeif’s, and according to such Jnformacon as you shall
Credibly receive by the said Scouts or any other person, You
are hereby Impowred to raise and press what number of men
as to you shall seeme meet for the Suppressing takeing Sur-
priseing wounding or killing of any such Jndian Enemies as
likewise to press any such boats or Vessells horses gunns
powder shott or other Amunicon & ‘pvisions as shall be neces-
sary and usefull for you & yo’ Company in the said March, or
any thing elce that may be for the expedicon of any yo" pro-
ceedings herein, And further to Authorize you and all persons
und‘ yo" Comand, The persons of any Jndians not allyes of this
province to take and surprize and in case of resistance to
wound and Kill, And J doe hereby will and require you to
send all prisoners (that shall be taken by you) By water
Liber H. H.
p. 228
p. 229
522 Proceedings of the Council of Maryland, 1661-1675.
imediately to St Mary’s to be according to Law proceeded
against Given at St Mary’s und* my hand & Seale this Twenty
Nineth day of May One thousand six hund* Sixty five
The same Com issued Verbatim to Capt Tho:
Beesson and Capt John Norwood
Att a Councell held in the Office Chamber
at s' marys on the 6" day of June 1665
Prsent ( Charles Caluert Esq’ Gouernot™
' Philip Caluert Esq’ Chancello*
Then was Thomas Truman gent Sworne One of
his Lordps Councello*s for this Prouince
After which being admitted into Councell, Was then taken
into debate some speedy way for the p'uencon of the Indian
Enemyes further incursiones into this prouince, And how
they may be suppressed for the future,
Wherefore Ordered that Coll william Euans doe forthw
prouide and presse thirety able men in this County of st marys,
and a p'son ffitt to Comand them w" sufficient ffoott Armes
and Amunicon that is two pounds of powder and ffiue pounds
of shott each man w® prouisiones, and what thinges else may
be necessary in this Expedicon, And then to march up to the
County of Ann Arrundell there to be receiued by Capt William
Burges, And his Orders and Comands to follow being in
Cheife to Comand Ouer those forces that shall there meet or
bee raised in that County
That Capt Robt Troope doe take the like Care for the
pressing 30 men, and prouide a p'son to Comand them, w't
sufficient ffoott Armes and Amunicon as abouesaid, And then
march forward to Cap william Burges, in Anne Arrundell
County to waite and receiue Orders from him being Comand*
as aforesaid
That Major Thomas Brooke doe likewise cause ffourty men
to be rais’d by presse or Otherwise in Caluert County, that is
twenty out of the riuer of Petuxent and twenty off from the
Clifts w* One p'son ffitt to Comand them w'" sufficient ffoott
Armes and Amunicon as aforesaid, and then to march forward
to Cap‘ William Burges in Anne Arrundell County there to
receiue Orders from him as Comand' as aforesaid
That the said Capt William Burges doe raise by presse or
otherwise in Anne Arrundell County thirety men for this
Expedicon W* sufficient Armes and Amunicon as aforesaide
and allsoe to proceed in what he hath heitherto acted, and
according to former Orders And as the Comand® in Cheife
Proceedings of the Council of Maryland, 1661-1675. 523
shall see good to press and raise more men for the goeing Liber H.H.
forward of this designe
And that the now Commissionated Captaine for Kent °
County doe presse and raise tenn men in that County, besides
One to be by him appointed for theire Officer w' sufficient
ffoott Armes and Amunicon that is two pounds of powder and
fue pounds of shott w Prouisiones or Boates to transport
them to Capt william Burgis of Anne Arrundell County there
of him to receiue further Orders as Commander in Cheife of
the said forces aforesaid
Ordered that John Cobreth be Comissionated Captaine for
that Company on the Clifts
Ordered that George Reed be Comissionated Captaine for
that Company about s' Leonards Creeke.
Whereuppon
Com™ issued for Capt George Read to be Captaine of All
the forces from st Leonards Creeke to the Coues on the North-
side of Petuxent Riuer and from his owne plantacon to Cedar
Point on the South side of the said riuer according to the forme
of a Com™ for a Capt of ffoott giuen to Capt Euans folio 23
appeares Giuen und" my hand and seale this 6" day of June
1665
Com issued for John Cobreth to be Cap‘ of all the forces
betweene the Coues of Petuxent Riuer and the Herring Creeke
According to the forme of a Comm‘ for a Capt of ffoot to
Capt Euans fo: 23 ut supra Giuen under my hand and seale
this 6" June 1665
According to the foregoeing Order this Com‘™ issued to p. 230
Cap' William Burgis to be Capt of all the forces raised out of
st marys Charles Caluert, Ann Arrundell and Kent Countyes
for the said Expedicon (uizt)
Charles Caluert &c, To Cap, William Burges Greeting
Whereas Diuerse Forraigne Indians haue of late Committed
diuers murthers uppon the people of this Prouince and Comitted
diuers others Outrages for repression of which I haue thought
fitt to raise a Competent Number of Men Now Know Yee that
I reposing especiall confidence in yo' fidelity Courage and Ex-
perience in Martiall Affaires haue Constituted Ordained and
Appointed and by these p'sents doe Constitute Ordaine and
appoint yo” Comand" in Cheife under mee of all the forces
soe raised in st marys Kent Charles Caluert and An Arundell
Countys against the said Jndians to make warre and pursue
and by Gods Assistance to Vanquish and Kill and Generally
in all things to doe all or any thing or things as any Comand'
in Cheife may or of Right Ought to doe according to such Jn-
struccons as I haue herew" sent or shall from time to time send
yo” Giuen at st marys und" my hand and Seale this 6" day of
Liber H. H.
p. 231
Pp. 232
524 Proceedings of the Council of Maryland, 1661-1675.
June in the 34" yeare of his Lordps Dominion Ouer this Pro-
uince Annog Domini 1665
Charles Caluert
Instruccons directed by the Hon the
Leiutenn‘ Generall Charles Caluert Esq" &c,
To Capt William Burges and sent w" his
Com dated 6" day of June 1665
Imprimis yo” are to take Vnder yo" Charge and Comand the
Seuerall parties of men raised in St Marys Kent Charles and
Caluert Countys as those in An Arundell Countys wt which
men according to your Best discrecdn and w the Aduice and
Consent of the major part of the Officers comanding in the
Seuerall partyes yo” are to Endeauour to find out the Indian
Enemy in theire Quarters and them by Gods Assistance to
Vanquish or Otherwise driue Out of this Prouince or Other-
wise uppon the place and Emergent Occasions as yo” w'" the
Aduice and Consent aforesaid shall finde it more Expedient
and for the safety of the Prouince in Generall to keepe seuerall
partyes ranging the woods as well to the Head of Petuxent as
Patapsco & Bush Riuers or euen up to the Vtmost bounds of
the Prouince uppon the Sasquesahanough riuer
Secondly yo" are to take speciall Care to see yo" men want
not necessary prouisiones for foode nor Armes nor Amunicon
and to that end yo” are to issue Orders to the Sherriffes or
other Officers next to yo” in the seuerall Countyes where yov
shall chance to come in pursuite of yo' Commission to presse
any Armes Ammunicon or Prouisiones Needfull; Who are to
keepe exact and true accompts of such thinges so pressed as
aforesaid
Thirdely yo” are to take especiall Care of the People in
Patapsco riuer and Gunn Powder Riuer and to that end yor
are to keepe a Constant Correspondence wt yo" Colonell Lewis
Stockett, whom, when yo" shall Chance to meet yo” are to
Obey in all thinges
Fowrthly To the end all necessary assistance may be Giuen
to all places in danger yo” are to giue notice of all yo" proceed-
ings and all intelligence yo” shall receiue to me twice euery
weeke and Oftener if need be, and to presse messengers ex-
pressely to bring yo' letters to me as also to send yo" intelli-
gence to your Collonell as aften as need shall be, and Generally
yo" are to presse Boates men or horses either to Carry Baggage
or to March after the Ennemy as yo” shall see Occasion
Fifthly Yor are to Associate wh any the freinde Indians to
any number yo" shall finde most Conuenient for the seruice
now in hand: but in yot march or in yo" Quarters yo" are to
Proceedings of the Council of Maryland, 1661-1675. 525
take speciall Care, that noe English doe Game or wrestle w" Liber H. H.
any Indians so to auoid all Occasions of Quarrell
Comm to Collonell W™ Euans for the raising
those thirety p‘sons in the foregoeing Ord" (uizt)
Collonell William Euans
Immediately uppon sight hereof yo” are to Cause thirety able
men to be pressed out of st marys County w'® sufficient ffoott
Armes, and to finde out a fitt p'son to Comand them and alsoe
to presse for euery man soe raised, two pounds of powder and
fflue pounds of shott
And yo” are to impower the p'son by yo” to be placed in
Comand Ouer the said thirety men to quarter the said men in
theire March upp to Capt William Burges in Ann Arundell
County or else to presse sufficient prouisiones for them in
theire st march to him; And Order the said Comand' Comand*
the said Burges to March and him to Obey Or his Collonell
Lewis Stockett when p'sent, till further Order from mee, And
this shall be yo" warrt Giuen und’ my hand att s' Marys this
6 day of June 1665 : Charles Caluert
Idem Mutatis Mutandis to Major Thomas Brooke for
40 men out of Caluert County 20 of from the Clifts and
20 in Petuxent riuer to march to Capt w™ Burges &c
Idem mutatis mutandis to Capt Robert Troope for 30
men out of Charles County to march ut supra
Idem mutatis mutandis to the Cheife Officer for Millitary p. 233
Discipline in the Island of Kent for ro men in that County
to march &c
Cap! Burges his Com*” impowring him to raise what
number of men as to him shall seem meet had not one
of the foregoing priuate Order for 30 men according
to the Order of Councell
Orders to the sherriffes for procuring p'sons of the
Neighbour hood to supply the Crops of those men prest
or raised in the seruice ags' the Indians (Vizt)
Whereas by Reason of a late Incursion of the Indians diuers
p’sons haue been pressed out of yo" County to goe out for the
defence of the Prouince in Generall whose Cropps if not looked
after will in a months time be utterly lost, And the Charge of
the Prouince thereby become uery greate Yo” are therefore in
the name of the Rigt Hon the L* Prop* of this Prouince
Liber H, H.
526 Proceedings of the Council of Maryland, 1661-1675.
straightly Charged & Comanded to issue yot warrants to the
seuerall Constables w'*in yo" County to take notice what p’sons
haue been pressed for this p'sent expedicdn and what Crops
they haue standing of Corne and Tobacco and what Ground
they haue prepared for tobacco and the same to Cause to be
tended and planted as the seasons doe p'sent and need shall
require by the people of the Neighbourhood for and during the
terme. of Six weekes next after his departure if he or they
shall be soe long out upon the seruice And this shall be yo"
warr‘ Giuen und" my hand this 6" day of June 1665
Charles Caluert
To the Sherriffe of st Marys County
The same Order issued to the Sherriffe of Caluert County
as is before exprest uerbatim
The same to the sherriffe of Ann Arrundell County
The same to the sherriffe of Kent County
The same to the sherriffe of Charles County
June 16" 1665
John Lumbrozo then pet”’ for Commission to trade w' the
Indians, Thereuppon Ordered by the Leiutennt Generall
That Commission issue to the said Lumbrozo for trade w" the
Indians
Idem mutatis mutandis ut est in fo: 161 pro John
Nuthall, in force to Continue untill the last day of may
next ensueing
The said Lumbrozo then entred into recognizance to the
Lord Proprietary of ffiue hundred pounds Sterling, for the said
Lumbrozo his due p'formance according to the said Com and
the last Act for trade w the Indians to be paid uppon for-
feiture att or before the last day of may next
The Comm* for the County Court
of Kent p'sents 3 p'sons one of w*t
they desire the Gouerno' to Elect
for sherriffe of the said County
theire names are as followeth
Mathew Read Deliuerance Louely & Jn° Vickoridge
Ordered by the Leiutennt Generall that
Com issue for Jn° Vickoridge to be
Sherriffe for Kent County, w® the Oath
affixed warr' to take a list of the tythables
and Com to Conuene 3 Comm’ for the
swearing the said Vickoridge forthw'®
which are all as followeth (uizt)
Proceedings of the Council of Maryland, 1661-1675. 527
Ceecilius Absolute Lord and proprietary of the provinces of Liber H. H.
Maryland & Avalon Lord Baron of Baltemore &c Know ye ” 735
that wee Reposeing speciall confidence and trust in you John
Vickoridge gent and for that the County Court of Kent have
p’sented you amongst three to Serve as Sherriffe for the said
County for this ensueing yeare have Constituted Ordayned
and appointed and doe by these p'sents Constitute Ordaine
and appoint You Sheriffe of the said County And to have such
priviledges and benifitts as any other Sheriffe within this our
province of Maryland now hath or any other Sherriffe of yo"
said County ever have had held or enjoyed or of Right ought
to have had held or enjoyed To have and to hold the said
Office or Imploym! from the day of the date hereof untill the
first day of Aprill next Ensueing and after till another Sherriffe
by yo" said County Court to be presented shall be lawfully by
pattent Constituted Provided that hee the said John Vickoridge
doe in open Court in his said County take the Oath of Sheriffe
hereunto annexed and give Security for the well discharging of
his Office and trust according to the Act of Assembly in that
case provided Given at St Marys und’ our lesser Seale of our
said province of Maryland the 30% day of June in the 34”
yeare of our Dominion over our said province of Maryland
Annogq. dmi 1665 Witnes our deare Sonn and heire Charls
Calvert Esq our Leiutent Generall of our said province of
Maryland
These are therefore to will and require you that by the last
day of July next (if Conveniently then before) you cause a list
to be taken of all the Tythables within yo" County and that in
the said list the Name & Surname of Each Tythable pson and
the house of his abode be distinctly set downe and a Coppy
thereof faire written and sent immeadiatly downe to the Gov-
ernot and Councell & an other Coppy of the said list sett up
in the Court house at yo" next County Court to remaine there
for the whole yeare to the end that if any Erro’ be therein
they may be corrected & the same certified to the Governo™ &
Councell before the 1*t day of September next herein faile not
as you will answer the Contrary And for soe doeing this shall p. 236
be your warrt Given und‘ my hand this 30" day of June 1665
To John Vickoridge High
Sherriffe of Kent County
You shall well & truely serve the Lord proprietary in the
Office of a Sherriffe of the County of Kent & doe his Lordps
proffitt in all things that belongs unto you by way of Office as
farr forth as you cann or may You shall truely & Rightfully
Liber H. H.
e237
528 Proceedings of the Council of Maryland, 1661-1675.
treate the people of yo" Sherriffewick & doe Right as well to
the poore as to the Rich in all that belongs unto yo" Office You
shall doe noe wrong to any man for any guift favo™ hate or other
affeccon You shall duely Execute soe farr as you may all such
writts & warr’ as shall be to you directed by lawfull Authority
& thereof you shall make a true Returne According to the
Teno_ of the writt Soe helpe you God
Whereas Demurr may be made Concerning yot Officiateing
the Office of Sherriffe untill you have taken yo' Oath in yo"
County Court & given Security as in yot Comission is pro-
vided for and whereas the Comm* of yo" County may not hold
Court timely enough for the takeing list of the Tythables in
yo" said County according to a speciall warr* to you directed
for that purpose These are therefore in the name of the Rig*
hono’* the Lord proprietary of this province to will & require
you & likewise to Jmpowre you John Vickoridge that forth-
with you warne and Conuene together at a certaine day to be
by you appointed Capt Robert Vaughan with two more of his
Lordps Com’s & the Clarke of yo* County Court & that before
them you take yo" Oath belonging to Sheriffe as is to yot
Com” affixed and give bond likewise as is p’scribed by Act of
Assembly in that behalfe & that thereupon you doe all things
belonging to yo" Office of Sherriffe without further delay Lastly
that you cause the Clarke of yo County Court to send downe to
the Leivetennt Generall & Councell with what speed hee may,
his Certifficate of the proceedings herein Given und* my hand
this 30 day of June One thousand six hundred Sixty five
Charls Calvert Esq. Captaine Generall of all the forces
within this province of Maryland und’ the Right hono"* Czecilius
Absolute Lord and prop’tary of the same To Cap Jonathan
Sibrey Greeting According to the power to mee by his said
Lordp Comitted and upon the speciall trust & confidence J
have in your fidellity Circumspeccon courage and good Con-
duct J doe hereby Constitute Ordaine and appoint you Captaine
und" mee of all the forces upon the Island of Kent, them to
Muster excercise and traine up in the Art of Warr and disci-
pline Millatary and in all things to doe as any Captaine of a
Company of foote may or of Right ought to doe to the resist-
ance of all Enemyes Suppression of all Mutinyes insolencies
insurreccOns and rebellions whatsoever according to such Ord*s
& direccons as you shall from time to time receive from mee
and to that end to list such and soe many of the inhabitants
within the Island aforesaid as you shail thinke fitt and
them when and as often as you shall thinck Convenient to
Proceedings of the Council of Maryland, 1661-1675. 529
Muster and traine soe that they may be in a readiness as Liber H. H.
Occasion shall require, to attend my further comands with
fitting Arms and Amunicon for the purpose aforesaid ‘To have
and to hold the said Office & Comand till the Lord proprietary
or his heirs or his or their Leiutenn' cheife Governo' or Captaine
Generall for the time being shall signifye his or theire pleasure
to the Contrary And all persons whatsoever are hereby strictly
charged and required to yeild all due Obeadience to you the
said Cap‘ Sibrey in all things appertaineing to the Comand &
Office hereby Conferred on you, as they will Answere the
Contrary at theire perill Giuen und’ my hand & Seale this
fourth day of July in the foure and Thirtyth yeare of his Lordps
Dominion over this province Annoq dmi One thousand six
hundred Sixty five
These are to Impowre you to Sweare into yo" Comm these p- 237
persons whose names are here und" written as followeth
(vizt)
M’* Symond Carpenter
Mr’ Philip Stephenson
and
Mr Thomas Powell
And for soe doeing this shall be yo" warrt Giuen und' my
hand this fourth day of July 1665
These are to impower yo” to sweare into yo"
Comm" these p'sons whose names are
here und’ written as followeth (uizt)
M’ Richard Bennitt of the Quorum
M: Augustin Herman
Mr’ James ffrisby
M’ John Dickson and
Mr’ Richard Ball
And for soe doeing this shall be yo" warrt Giuen und" my
hand this 4 day of July 1665
Charles Caluert
ee » .. By Ord' from the Leiutennt Generall then Nicholas
75" ffountaine late of Virg* and Subject of the Crowne of
france had Pattent of Dennizacon for this prouince
Idem Mutatis Mutandis ut est uerbatim pro Benjamin
Brasseuir in folio 157
Dated ut Supra
Liber H. H.
p. 238
P- 239
530 Proceedings of the Council of Maryland, 1661-1675.
By ord" from the hono” the Leivtennt
Generall of Maryland
Att a Councell held in the Office Chamber
att St Mary’s the 25" of July 1665
Philip Calvert Esq Chancello*
and Deputy Governo'
m’ Baker Brooke
Coll William Evans} Councello*
m’ Thomas Truman
Present :
Was then taken into consideracdn some speedy way for the
prevencon of the Jncursions made by the fresh Troopes of
Cinago Jndians into this province
The Debate whereof is left till to Morrow morning vntill
which tyme the doe Adjourne
July 26%
All present as before
Then Ordered.
That the Sould* now all ready raised be sent forthwith to the
Frontire, That is to say that the partyes drawne out of St Marys
Charles & Kent County’s be sent into Baltemore County there
to secure that County as well on the Easterne as on the
westerne side of the bay & to be Comanded by Coll Lewis
Stockett or some other fitt person of an abler body to Endure
the hardship of the Woods living in that County & to be
Appoynted by him
That the Comand" owne intrest there may Oblige them to
be dilligent in Rainging the woods & to the intent they may
the Easierly find out this Skulking Enemy that such comandets
shall have power to call to their assistance any number of
freind Jndians they shall thinke fitt & to propound to them the
reward of one hundred armes length of Roanoke or (the value
thereof) in Peake for every prisoner they shall deliver alive or
otherwise the same rate for Every Mann of the Enemy’s they
kill Provided they bring in his Right Eare according to a former
Order of the Councell,
That the party raised in Caluert County doe march into Ann
Arrundell County to Cap‘ Burges & that he doe with that party
& his owne party raysed in that County Endeavour to Secure
that tract lying betweene Patapsco & Potomecke or att lest
the head of Petuxt calling to his asistance the aforesaid Jndians
That Baltemore County doe furnish all such men as come
vp into that County for defence of itt with provisions durin
Hee Ee there & that they charge be brought to the publiq
cco
Proceedings of the Council of Maryland, 1661-1675. 531
The same for Ann Arrundell & Calvert County’s for such
men as shall come thither for defence of them or March through
them vp into Baltemore County
That what soeuer freind Jndians shall be out in service with
Liber H. H.
theis party’s shall be provided with Victuall & Quartered with |
the English soe to keepe the partyes together That Every
Sold" be warned to bring shooes & a shirt with him & if per-
chance any be soe poore as not to be furnished that he be
furnished att the place of Rendevou’s To this End that all the
shooes that can possibly be found be pressed vpon the Accot
of the province till store be made vp one hundred & fifty paire
att least besides what must be immediatly distributed amongst
the Souldiers
That Ammunicon be every where taken vp vpon the Acco
of the province alsoe till the store be made two hundred pound
powder & five hundred pound of shott or lead
That the Comander with Every Party have power to Quarter
soldiers in his March or presse provision as occasion shall re-
quire & to giue Ticketts th' soe the charge may be brought to
the publiq account of the province And vpon urgent Occasion
& the sold in very greate want to presse clothing or boates
vpon the publig acco alsoe
That all Smiths which have tooles be forced to fixe armes
for the Soldiers & all other the Inhabitants of the province, the
persons imploying such smiths tending their Cropps during
the tyme they are Imployed in fixing of gunns, & paying over
& above reasonable prices for such worke as by them shall be
donne for them
That Coll. Stockett send Order to presse Twenty soldiers
well provided as afores‘ in Talbott County & the south-side of
choptancke riuer in case he doe find he hath not force Enough
to resist the Enemy
That the Officers comanding the partyes Exchange any men
they find in their company vnfitt for the Service & to presse
others in the’ roomes within the County’s out of which they
had their party’s
That Rich‘ ffreeman the Indian be put in the roome of the
one of Leiv' Bogues men & tht M* Trueman veiw his Cropp &
building & that his Crop be tended as other the Soldiers are
tended by the hund* & his howsing built by the Carpenters
that are to pay worke & that incase any greater damage come
to him then Ordinary itt shall be borne by an Equall charge
vpon the province
That as by former Order of the Councell the Crops of all
the soldiers sent out weere to be tended by the hun for six
weekes now in regard they are to stay out longer that the
Respectiue hundreds shall tend the crops of the Sold’ till they
be housed if they stay out soe long
Pp- 240
Liber H. H.
p- 241
532 Proceedings of the Council of Maryland, 1661-1675.
That the Comand® take care that the Ammunicon be not
vnnessessaryly shott a way & that when the soldiers are dis-
missed they doe not permitt them to Carry away more Ammu-
nicon then is absolutely necessary for their defence
Further Ordered that Thomas Mathews doe send to the
Emperour of Pascuttaway and the rest of the Indian Kings in
Potomoke riuer to send out partyes to search for the Enemy
Indians now abroad
Warr‘ this day issued from the Hon? Chancello' and deputy
Gouerno’ to all the Constables of each respectiue Hundred, to
warne the soldiers win theire s* Hundred to appeare att the
mill att newtowne on Satterday next by 12 of the Clock w
one fixed Gunn and one pound of powder and 3 pound of
shott w'* a dayes prouisione and to giue notice to the Inhabi-
tants of that Hundred to tend the Crops of the said soldiers
untill further Order from the Gouerno' and Councell,
Philip Caluert
Warr' likewise then issued to the Sherriffs of Charles Caluert
Anne Arrundell & Kent Countys, to issue new warr's to the
respectiue Constables of each Hundred win each County for
the tending and manuring each p'sons Crop by the neigh-
bourhood, untill they shall be housed if they shall stay out soe
long
Philip Caluert
S* this by M' Smyths entreaty is to desire yo'selfe and those
of the Councell that are mett to consider what lease may be
fitting to be giuen him of the house and land he now liues on
and what euer by yo'selfe and Rest of the Gentlemen is con-
cluded on is allsoe here assented to by
S' yo" humble seruant
To the Hon? Philip Caluert Charles Caluert
Esq’ Chancello* these,
In pursuance of the aboues? warr' from the Leiutennt Gene-
rall, it is Ordered that william Smyth haue a lease for 51
yeares of the state howse at St Marys according to an Act of
Assembly in that Case prouided
July 27% 1665
Then Comm” issued to his Lordps Comm® for Kent
County to sweare into theire Comm” Docter Bartholemew
Glenin and One of the Quorum, Given und® the Leiutennt
Generalls hand the day & yeare abouesaid
Charles Caluert
Proceedings of the Council of Maryland, 1661-1675. 533
Leiftent Thomas Trueman
You are hereby Impowred to Administer this Oath following
to all those who have Occasion to Enter Land in this province
Given &c this 23° Augt 166
Charls Calvert
The forme of the Oath
You shall Sweare that those persons by you here entred
and named were transported into this province here to inhabite
and tht noe land hath bene taken up for them Legally within
this province Soe helpe you God
1665 August 28"
Commission then issued to M‘ Step: Horsey and Capt W™
Thorne to continue Justices of the Peace on the Easterne
Shore, wt" addicon of Six more whose names are as foll: uizt
George Johnson ) John Winder
W™ Stephens James Jones
John White | James Boston
Idem Mutatis Mutandis w® that Comm” in folio 198
to the s? Horsey & Thorne
Septemb™ 2°
Commission then issued To Capt William Thorne to Comand
all the fforces (as Cap‘) on the Easterne Shore of this Prouince,
from Wiccocomoco that Joynes upon Mannij to that part of
Pocamoke on the said Easterne Shore, that is or shall be inhab-
ited, win this s¢ prouince of maryland, them to muster Exer-
cise &c.
Charles Caluert
Idem mutatis mutandis ut est in folio: 23
To Capt William Euans
Octob® 7" 1665
Then By Order from the Leiutenn' Generall was granted
unto Bennitt Marchegay frenchman a pattent of Dennizacon,
Vt est in folio 157 mutatis mutandis Benois Brasseuir dated ut
Supra
October 7"
Then Com‘ issued by Ord* from the Lieutennt Generall
for Francis Wright to be Cap! Leiutennt Vnd" Collonell Lewis
Stockett of the foote and his owne to be raised, mutatis mutan-
dis ut est in fo: 24 to Leiutt John Jarbo
Liber H. H.
p. 223
mez A
P- 243
Liber H. H.
P. 245
p- 246
534 Proceedings of the Council of Maryland, 1661-1675.
Ordered att a Prouinciall Court
held the 10 Octob’ 1665 (uizt)
Whereas to be Remembred that this Eleaventh day October
one thousand six hundred sixty five Came to the Governor and
Councell in Provinciall Court assembled Nancotamon one of
the greate men of Mattawoman & desired to know what was
the Governo® pleasure to doe with his nacon (vizt) whether he
would have them Remove further of into the woods or to re-
mayne vpon the land where they now or lately lived, for they
were ready to Obey his Comands, Wherevpon the Governot
desired the opinion of the Councell whether itt were fitt to
drive the said Indians further of or otherwise to Continue them
still vpon their Ould habitacOn where they are within our
Comand. And itt was the generall opinion of the bord that
itt was most for the safety of the Province to Continue them
neere us as being more vnder our Comand.
And therevpon Ordered
That the Mattawoman Indians doe remaine vpon their ould
Habitacons till further Order, And further itt is Ordered that
their land be with all Convenient speed laid out for them by
certeine Meets & bounds within which noe English man shall
take vp any land, And for as much as the generall peace and
safety of the Province is more pretious then the Private Con-
venience of any perticuler persons whatsoever itt is also
Ordered that noe English man shall seate for the future in any
place within three Miles of the Indians in Charles County with
out Expresse order of the Governor and Councell first had and
obteyned vpon payne of Twelve Months Imprisoment to Every
person that shall soe Seate
Ceecilius &c To Samuel Withers Robert Barle Capt W™
Burges Thomas Taylor Roger Gross Thomas Besson Anthony
Sallaway Richard Ewens George Puddington & Samuel Chew
gent Greeting Know ye that wee for the great trust & Confi-
dence wee have in yo’ fidellityes Circumspeccons providences
& wisdomes have Constituted Ordained and appointed & doe
by these p'sents constitute Ordaine and appoint you the said
Samuel Withers Robert Burle Capt W™ Burges Thomas Taylor
Roger Gross Thomas Besson Anthony Sallaway Richard
Ewens George Puddington & Samuel Chew gent Comissioners
Jointly and seu‘ally to keepe the peace in Arrundell County,
And to keepe and cause to be kept all Lawes and Ord" made
for the good & Conservacon of the peace And for the quiet
rule & governmt of the people in all & every the Articles of
the same And to Chastise and punish all persons offending
ag* the forme of any the Lawes and Ord® of this our prouince
Proceedings of the Council of Maryland, 1661-1675. 535
a
or of any of them in Anne Arrundell County afores* as accord-
ing to the forme of these Lawes and Ord® shall be fit to be
done Wee have also Constituted & Ordained you and every
foure or more of you of wch you the st Sam Withers Robert
Burle Capt W™ Burges and Thomas Taylor (unless some one
of our Councell be p’sent) are also to be Our Comm”* to
Enquire by the Oathes of good & lawfull men of your County
afores’ of all manner of ffellonyes Witchcrafts Inchantm®
_ Sorcerys Magick Arts Trespasses forestallings Ingrossings &
Extortions whatsoever and of all & singuler other misdeeds
& Offences of wch Justices of the peace in England may or
ought lawfully to Enquire by whomsoever or whensoever done
or :ppetrated or wch hereafter shall happen to be done or per-
petrated in the County aforesd ag* the Lawes & Ord™ of this
our province Provided that you proceed not in any of the Cases
aforesd to take life or Member But that in every such case you
send the prisoners with theire Inditem' and the whole matter
depending before you to the next provinc" Co™ to be holden
for this our province whensoever or wheresoever to be holden
there to be tryed And further wee doe hereby Authorize you
to Issue writts processes Arrests & Attachm' to hold plea of
Oyer & Terminer and after Judgm' Execucon to award in all
causes Civill whether in Actions reall or personall where the
thing in Action doth not exceed the value of three thousand
pounds of tobacco According to the Lawes Ord* and reasonable
Customes made and used in this our province of Maryland in
wch Causes Civill soe to be tryed Wee doe Constitute Ordaine
and appoint you Samuel Withers Robert Burle Cap‘ W™ Burges
and Thomas Taylor to be Judges as aforesd unless some
One of our Councell be then in Court and therefore wee
Comand you th' you dilligently intend the keeping of the peace
Lawes and Ord’$ and all and singuler other the p"misses and
at certaine dayes appointed according to Act of Assembly in
that case provided, and such places wch you or any foure or
more of you as aforesd shall in that behalfe appoint yee make
Enquiries upon the prmisses and -pforme & fullfill the same in
forme aforesd doeing therein that wch to Justice apperteyneth
according to the Lawes Ord® and resonable Customes of this
our province, Sauing to vs the Amerciam* and other things
thereof to us belonging And therefore wee Comand the
Sherrife of the said County of Anne Arrundell by virtue of
these prsents that at the dayes and places aforesd wch you or
any such foure or more of you as aforesd shall make knowne
to him to give his Attendance on you, And if need require to
cause to come before you or any such foure or more of you as
aforesd such and soe many good and lawfull men of your
County by whome the truth in the p'misses may the better be
Liber H. H.
p. 247
Liber H. H.
p. 248
PaRvO:
Colonial
Papers. Vol.
XIX, No.
126.
536 Proceedings of the Council of Maryland, 1661-1675.
knowne and enquired of, And lastly wee haue appointed
Nathaniel Heathcoate Clarke and keeper of the Records and
proceedings in this your said County Court, And therefore you
shall cause to be brought before you at the sd dayes and place
the writts prcepts process and Jndictments to yo" Court &
Jurisdiccon belonging that the same may be inspected and by
a due Course determined as aforesd Given at St Marys und"
our greate Seale of our sd province of Maryland the Sixth day
of November in the foure and Thirtyth yeare of our Dominion
over the said province & in the yeare of our Lord One thou-
sand six hundred Sixty five, Witnes our deare Sonne and
heire Charls Calvert Esq our Leiutent Generall of our said
province of Maryland
The King to the Gov" of Maryland.
? Nov. 1665.
Trusty & wellb. Observing the great losses o* subjects have
susteined this last sumer in their Voyages homewards from
those parts by omitting to conforme themselves to such ord’
as wee had given for their returne to o* respect" Govern’ of
those our Plantacons, Wee have found fitt hereby to repeat
those o' Comm*® willing & requiring you forthwith upon receipt
hereof to take effectuall care that all such shipping as are
designed homewards the next Spring be ready to sett saile in
company w" the first wind after the first of Aprill & not before.
And that in their returne they joine themselves in one entire
Fleet w'" those bound homewards from Virginia, whom wee
have by o' letters of this date to o' Govern’ there order? to
make one Fleet w' you, and to returne in company, sailing
from the place of their first Rendezvous w% is to be conceited
& agreed on between you & our s* Gov' of Virginia directly
for Fayall one of the Westerne Islands, where they shall find
such convoy as shallbe thought necessary or otherwise advise
how to governe themselves in the rest of their Voyadge home-
wards and in case it happen by any accident that at their arri-
vall at Fayall they meet w*" no such convoy or advice, then
having expected these 8 days. They are to saile directly to
the Soundings & from thence, if they meet not with other on
further advice they shall make the first convenient port of this
o* Kingdome of England there to stay till they receive further
ord’, and if any ships in their Company be bound for our
Kingdome of Ireland they shall from the said Port of this ot
Kingdome receive sufficient convoys to the parts of Ireland
whither they are bound. And in the due & punctuall execucon
of these ot Ord’* & comands you are yourselfe to use all pos-
Proceedings of the Council of Maryland, 1661-1675. 537
sible care & diligence & to require in o' name all Masters &
Comand* of shipps & all others whom it may concerne to obey
such rules & directions as you shall prescribe to them in the
pursuance of this our pleasure endeavouring by the best means
you can to compell such as shallbe refractory & disobedient
returning in the meantime their names hither to us, to the end
Wee may take order for the proceeding against them as to
such contempt & obstinacy shall belong and so etc:
Governour of Maryland.
[This is a draft with corrections in
Sec. Williamson’s handwriting]
Richard Blunt Com" Thomas Brooke John Dobbs Thomas
Osborne Arther Wright Alexand* Nash Edward Jones
Warr’, issued to the Com" of Kent County to sweare the
persons above into the Comission the 25** of January 1665
Feb: 237 1665
Ther Com" issued to Mr Step: Horsey Capt w™ Thorne
Geo: Johnson W™ Steuens John white John winder James Joanes
and Henry Boston Comm* on the Easterne Shore
Idem mutatis mutandis ut est in fo: 198 to the
s‘ Step: Horsey and w™ Thorne time
limitted for one twelue month from
the date ut Supra
Charles Calvert Esq’ Capt Gener" of all the fforces w'"in this
Province of Maryland vnd" the Right hono”* Cecilius Absolute
Lord & Proprietary of the same, To Capt Leivtennt Nicholas
Young Greeting According to the power to me by his s* Lop
Comitted & vpon the Speciall trust & Confidence I have in
your fidelety Circumspeccon Courage & good Conduct I doe
hereby Constitute Ordaine and appoint yo” Capt Leiftennt vnd*
Coll William Evans of all the fforces betweene point looke out
& the head of St Georges River & from thence to Poynny hill
Runn on the bay side inclusively, Them to Muster Exerzize &
traine up in the Art of warr & discipline Military, & in all things
to doe as any Cap* Leiu' of a Company of ffoot may or of Right
ought to doe to the Resistance of all Enemy’s suppression of
all Mutinys Insolency’s Insurreccons & Rebellions whatsoever
According to such Orders & direccdns as yo” shall from time
to time Receve from me or y* sd Coll & to tht End to List
such & so many of the Inhab* win the p'cincts afores* as you
shall think fitt & th™ when & as often as you shall thinck Con-
venient to Muster & Traine soe th' they may be in a readynesse
PARsO:
Colonial
Papers. Vol.
XIX, No.
126,
Liber H. H.
p- 250
p. 250
p- 251
Liber H. H.
p. 252
Pe 253
538 Proceedings of the Council of Maryland, 1661-1675.
as Occasion shall require to Attend mine or yo" Col’ Comands
w" fitting Arms & Ammunicon for the purpose afores* To have
and to hold the s* Office and Comand till the Lord Prop” or
his heires or his or their Leivtennt Cheife Gou'no™ or Cap*
Gen" for the time being shall signifie his or their pleasure to
the Contrary, And all persons whatsoeuer are hereby Strictly
Charged & required to yeild all due Obedience to yo” the s@
Capt Leiv' Young in all things appteyning to the Comand &
office hereby conferred on yo” as they will answere the Con-
trary at their pi" Given vnd' my hand & Seale this 21 of March
in the 34° yeare of his Lo’* Dominion over this Province
Annoq Domini 1665
Charles Calvert Esq’ Capt Genero" of all the fforces w® in
this province of Maryland vnd' the Rt Hon"© Cecils Absolute
Lord & Proprietary of the same To Leivt William Smith
Greeting according to the power to me by his s* Io? comitted
& vpon the Speciall trust & confidence I have in yor fidelity
Circumspeccon Courage & good Conduct I doe hereby Con-
stitute Ordaine and appoint you Leivt vnder Colonell W™
Evans of all the forces betweene poynt Looke out & the head
of St Georges River & from thence to Poyney hill runn on the
bay side inclusively Them to Muster Exercise & traine vp in
the Art of warr & discipline Military & in all things to doe as
any Leivtenn‘ of a Company of ffoot may or of Right ought to
doe to the Resistance of all Enemyes Suppression of all muti-
nyes Insolencyes InsurreccOns and Rebellions whatsoever
according to such Orders and direccOns as you shall from tyme
to tyme receive from me or yot said Colonell & to thtEnd to
list such and soe many of the Inhabitants within the Precincts
afores* as you shall thinke fitt & them when & as often as you
shall thinke Convenient to Muster & Traine so that they may
be in a Redynes as Occasion shall Require to Attend myne &
your Colon"* Comands with fitting Armes and Ammunicon for
the purpose afores' To have & to hold the s‘ Office & Comand
till the Lord Proprietary or his heires or his or their Leivtenn'
cheife Governo" or Capt Generall for the tyme being shall sig-
nify his or their pleasure to the Contrary And all persons
whatsoever are hereby strictly Charged & required to Yeild
all due Obedience to yo" the said Leivt Smith in all things ap-
perteyning to the Comand & Office hereby Conferred on yo” as
they will answere the Contrary at their pill Given vnder my
hand & Seale This 24‘ day of March in the 34! yeare of his
lors Dominion ouer this Province An®** Dom 166 5
Proceedings of the Council of Maryland, 1661-1675. 539
Att a County Court held third tweusday Liber H. H.
in March 1665
Baker Brooke Esq? ( George Peake
Present \ Thomas Mannyng | Tho. Letchworth { jont
Hugh Stanley W™ Groome 8
| Richard Collett
The Court have Ordered that M* Thomas Capt Mannying
& M* Hugh Stanley be returned for Sherriffs
True Coppy John Turvile Clarke
Att a Court held for Ann Arrundell p. 254
County March the 13'" 1665
) Edw? LLoyd Esq™ Counc™
m' Sam. Withers
Present $ m‘ Robert Burle ( Capt Tho Besson
m*™ Thom. Taor} m’ Geo Puddington Com™
Capt W™ Burges | m' Sam Chew
This day the Court, tooke into consideracon the Eleccon of
a sherriffe for this County the next yeare & hath nominated
M: Robert Burle M* Anthony Sallaway and Capt Thomas
Stockett and hath Ordered their names to be sent to the Gov-
erno’ and Councell according as itt is in that Case Provided, to
Elect one of them for sherriffe the yeare Ensueing
Vera Copia
Teste me Nath Heathcoate Clk
Att a Court held in Charles County the
13" of March A° 1665
M: Thomas Mathews ) Prest m™ James Lendsey
m' Zachary Wade Com* m' Joseph Harrison
According to an Act of Assembly Provided for the Electing
of Sherriffes the aforesaid Comission’® have Nominated M*
Thomas Mathews, M’ Walter Beane, and m* Joseph Harrison,
for the Leivtennant Generall of the Province of Maryland to
Elect one to Serve in Sherriffes in Charles County in the yeare
of our Lord one Thousand six hundred sixty and six As J
Testifye
George Thompson Clke
Liber H. H.
Pe 255
p. 256
540 Proceedings of the Council of Maryland, 1661-1675.
Att a Court held att Newtowne
for the County of St Maryes the
first Twesday in March 1665
66
Present, m* Robert Slye m' Thomas Dent m* John Nutthall
Cap‘ Luke Gardener m* William Bretton, m* Nicholas Young
Leivtenn‘ Collonell John Jarboe, m™ Randolph Hanson m*
William Rosewell Com"
In Referrence to an Act of Assembly Entituled an act for
appoynting of Sherriffs the Court doth present Capt Luke
Gardner m* Nicholas Young, and M' Randolph Hanson, vnto
the Right Hono‘ble the Lord Leivtennant to nominate and
appoynt one of theis Three to serve as sherriffe in this County
of St Mary’s this next Ensueing yeare
Vera Copia Walter Hall Clr
Ceecilius &c Know yee tht wee reposing Speciall Confi-
dence & trust in yo” Nicholas Young gent & for that the
County Co" of St Mary’s have presented you amongst Three
to serve as a sherriffe for the st County for this Ensueing yeare
have Constituted ordayned & appoynted & doe by theis pnts,
Constitute Ordaine and appoynt you sherriffe of the st County
and to haue such Priviledges and benifits as any other sherriffe
within this our Province of Maryland now hath or any other
sherriffe of your said County ever have had held or Enjoyed
Or of Right ought to have had held or Enjoyed To have & to
hold the said Office or Imployment for one whole yeare to be
Computed from the first day of May next Ensueing and after
till another sherriffe by your said County Court to be presented
shall be lawfully by Pattent Constituted Provided that he the
said Nicholas Young doe in Open Court in his said County
take the Oath of Sherriffe herevnto Annexed & giue Security
for the well discharging of his Office and trust according to
the act of Assembly in that Case Provided Given att S Maryes
vnder our Lesser Seale of our said Province of Maryland the
twentyeth day of Aprill in the foure and thirtyeth yeare of our
Dominion over our said Province of Maryland Annog Domini
1666 Witnes our Dear Sonn and heire Charles Calvert Esq"
o* Leivtennt Generall of our said Province of Maryland.
Theis are to Will and require you that by the twentyeth day
of July next you cause a list to be taken of all the Tithables
wi"in your County and that in the said List the name and Sur-
name of each Tithable :pson and the house of his abode be
distinctly sett Downe and a Coppy thereof faire written and
Proceedings of the Council of Maryland, 1661-1675. 541
sent Immediately downe to the Governour and Councell and
another Coppy of the said list sett vp in the Court howse att
the next County Court to remayne there for the whole yeare
To the End that if any Errors be therein they may be Corrected
and the same Certifyed to the Governo' and Councell before
the first day of September next herein fayle not as you will
answere the Contrary And for soe doing this shall be your
Warrant Given vnder my hand this twentyeth day of April
1666
To Nicholas Young
High sherriffe of
St Mary’s County
You shall well and truely serve the Lord Proprietary in the
Office of a sherriffe of the County of St Mary’s and doe his lo?
Profitt in all things that belongs vnto you by way of Office as
farr forth as you can or may You shall truely and Rightfully
treate the People of your sherriffewick and doe Right as well
to the Poore as to the Rich in all that belongs vnto your Office
You shall doe noe wrong to any man for any Guift ffavour
hate or other Affeccon you shall duely Execute soe farr as you
may all such writts and warrants as shall be to you directed by
lawfull authority And thereof you shall make a true Returne
According to the Tenour of the Writt
Soe help you God
Comns exert | 10 Majo" Thomas Brooke to be sherriffe of Cal-
vert County
Idm Mutatis Mutandis To Thomas Mathews to be sherriffe
of Charles County
Idm Mutatis Mutandis to Capt Thomas Stockett sherriff of
An Arrundell County
Idem Mutatis Mutandis to Nicholas Pickard sherriff
of Kent County
Aprill 2oth
Idm Mutatis Mutandis to Thomas Hynson Jun’ sherriff of
Talbott County
Att a Councell held att St Iohns
The 17 May 1666
Charles Caluert Esq" Gouerno'
Philip Caluert Esq? Chancello*
Richard Boughton Esq’ Secretary
lerome White
Esq’ Councellot
Was then Read his Lordps New Comm to the
Leiutenn' Generall dated in the month of February last,
Liber H. He
P- 257
p- 258
Liber H. H.
1 18 CO),
Colonial
Papers. Vol.
XX, No. 12.
*
542 Proceedings of the Councel of Maryland, 1661-1675.
att which time was allsoe administred the Oath of a
Gouerno’ to the said Charles Caluert Esq’, w® the Oath
of the Cheife Justice, and a Councello™ in Prouinciall
Court
Copy of L Baltimore’s Commission to his Dep"*
Feb” 16% 1665/6.
Czcilius absolute Lord & Proprietary of the Provinces of
Maryland and Avalon Lord Baron of Baltimore etc To all to
whom these presents shall come greeting Know yee that Wee
in Consideration of the Naturall Love & affection which wee
have unto, & of the Singular Duty and faithfull Service to us
by our most dear and wellbeloved Sonn Charles Calvert Esq’
heretofore done & performed & hereafter to be done and for
the speciall trust and confidence w*" wee have In the great
prudence care conduct & fidelity of our said deare sonn Have
given & granted And wee doe by these presents give and grant
unto our said dear Sonn the Office of Lieutent Generall Chiefe
Captaine Chiefe Governour & Comand' and Chiefe admirall
both by sea and land of our Province of Maryland in the parts
of America and of all our Islands, Teritoryes, & Dominions
whatsoever, in any the parts of America thereunto belonging
and of all and singular our Castles, ffortresses, ffortifications,
munitions, ships and Navyes in our said Province, Islands,
Territoryes & Dominions there aforesaid and allsoe the Cus-
tody and Chiefe Govern™ and Comand of our said Province,
Islands, Territoryes & Dominions aforesaid and of all and
Singular the Castles, fforts, ffortresses, ffortifications, munitions
ships & Navyes w'tin our said Province, Islands Teritoryes &
Dominions aforesaid being and remaining or to be & remaine
and to us in any wayes belonging or apportayning and him the
said Charles Calvert wee doe make ordayne & Constitute
Lieutenant Generall Chiefe Captain & Chiefe admirall both by
sea & Land Chief Govern" and Comander of our said Province
Islands, Teritoryes and Dominions and of all the Castles, fforts,
Navyes, Shipps places & things aforesaid by these presents to
have hold occupy enjoy and exercise the said office of Lieuten-
ant Generall Chiefe Captain & Chiefe Admirall, Chiefe Gov-
ernor & Chiefe Commander aforesaid w" the appurtenantes
unto our said deare Sonn Charles Calvert by himselfe or by his
sufficient Deputy or Deputyes by him in his absence to be
appoynted during our pleasure. And wee doe likewise for the
Considerations aforesaid give & grant unto our said deare
Sonn full power and authority during the time of his exercise
of the said office before mentioned by himself and his Captaines
& Officers by him to be appoynted to Leavy, muster & traine
v
Proceedings of the Council of Maryland, 1661-1675. 543
all sorts of men of what condition or wheresoever borne in our
said Province & Dominions for the time being remaining and
in case of insurrection, assaults or approaching of any enemy
or enemyes, Pyrate or Pyrates or other Robbers to make Warr
and to pursue such Enemy or Enemyes, Pyrates or Robbers as
well by sea as Land and to vanquish & take them and being
soe taken to put them to death by the Law of Warr or to save
them at his pleasure And to use all & everything which unto
the Charge & Office of a Captain Generall of an Army or
admirall of a fleete belongeth and likewise in case of any Re-
bellion, Tumult or Sedition either upon the Land within our
said Province & Dominions or upon the seas to exercise
Martiall Lawes ag* all Rebellious, mutinous & seditious persons
of these parts who shall refuse to submitt themselves to our
Government, or to serve in the warrs or shall fly to the enemy
or forsake theire Ensignes or be Loyterers or straglers or
otherwise howsoever offending agt the Law Custome or Dis-
cipline Millitary as freely and in as ample, manner & forme as
any Captaine Generall of an army or admirall of a navy by
virtue of his office might or hath accustomed to use the same
And further wee doe give and grant unto our said deare Sonn
full power & authority during the time of his exercise of the
said office before mentioned for us & in our names as often as
he shall think fitting from time to time to pardon, remitt or
release either before Judge™ or after all & all manner of
criminall offences agt the Lawes of our said Province and
Dominions or any of them, and alsoe all and all manner of
paines, penaltyes and forfeitures incurred or to be incurred by
any person or persons bodyes Pollitique or Corporate win our
said Province or Dominions or any of them for or by reason of
any Crime or Crimes, offence or offences comitted or to be
comitted agt any, the Lawes, Ordinances or orders of our said
Province heretofore made or hereafter to be made whatsoever
or however as fully and amply to all Intents, Considerations &
purposes as wee ourselves might doe if wee were then and
Pa RO:
Colonial
Papers. Vol.
XX, No. 12.
there personally present to doe the same and allsoe for us and -
in oure name and as often as he shall find itt necessary from
time to time to call, assemble and sumon any severall
Assembly or General Assemblyes of the freemen of our said
Province or of their Deputyes or Delegates for the giving
of the advise, assent & approbation of the freemen of our said
Province to such Lawes and acts as shall be by & att any
time ordayned made and enacted & under our seale published,
& under which the advise, assent & approbation of the free-
men of our said Province shall be att any time requisite &
necessary, and the said Generall Assembly & Assemblyes soe
from time to time called assembled & sumoned or to be called,
544 Proceedings of the Councel of Maryland, 1661-1675.
P. R. O. assembled, or sumoned from time to time when & as often as
paseanen he shall judge it necessary in our name to prorogue or other-
XX, No. 12. wise dissolve att his pleasure and likewise for us and in our
name & in our absence from our said Province to ordayne,
make and enact by & with the advise, assent and approbation
of any such assembly or assemblyes soe called assembled or
sumoned as aforesaid to be of force untill wee ourselves or
our heires or assignes Lords and Proprietaryes of the said Pro-
vince shall declare & puplish or cause to be declared & pub-
lished within our said Province, his theire or some of theire
particular dissent or dissents, disagreem' or disagreem* to the
same under our his theire or some of theire seale or seales soe
as the said Lawes & acts soe to be ordayned made & enacted
be consonant to reason and be not repugnant or contrary but
as neare as conveniently may be agreeable to the Lawes
Statutes & Customes of the Kingdome of England and soe as
the same be noe wayes repugnant unto or destructive of our
Rights, priviledges or Jurisdictions or to the Disinherison of us
our heires or assignes Lords & Proprietaryes of the said Pro-
vince or contrary to our or theire power Government or Do-
minion or contradictary to a certaine act of assembly heretofore
made in the nineteenth year of our Dominion Annoque Dni
1650: entituled an act concerning Religion And likewise wee
doe further give & grant unto our said deare Sonn during the
time of his exercise of the said office aforesaid full power
& authority from time to time to make constitute, ordayne or
publish in our name such wholsome, reasonable & profitable
ordinances, Edicts & Proclamations win our said Province for
the better Governing of the People there inhabiting & w* such
reasonable paines & penaltyes to be therein expressed as wee
ourselfe might lawfully doe if wee were then & there person-
ally present And allsoe full power & authority to direct &
apoynt for us & in our name to pass under our greate seale of
our said Province such Grant & Grants of such proportion &
proportions of Lands within our said Province to such person
or persons & for such Estate & Estates & with such priviledges
& Imunityes and under such Conditions as wee have directed
or shall from time to time hereafter direct by any Warrant or
Warrants under our hand & seale att armes, soe as the said
Warrant or Warrants be duly entred and Registered and the
sayd Lands duly surveyed & the Surveyors thereof returned
and all & every the necessary rules & orders & circumstances
heretofore by us given & apoynted in relation to the Survey-
ing such Lands & to the Entering, Registering and attesting
the Surveyors thereof and all necessary circumstances touching
such Grants, Surveyes & Warrants heretofore by us given or
apoynted be first duly observed & performed. Willing and by
Proceedings of the Councel of Maryland, 1661-1675. 545
these presents requireing our said deare Sonn to advise as
there shall bee occasion with those who are or shall be of our
Councill there for the time being upon all emergent occasions
touching, concerning or relating unto the goode Governm' of
our said Province and the people there And wee doe hereby
Revoake adnull and make voyde all former Comissions here-
tofore att any time given unto our said deare Sonn or any
other in relation to all or any the Offices, powers or Authorytyes
hereby granted and all & every power & powers, authority
and authorityes, thing & thinges in them every or any of them
given, granted, mentioned or contained hereby declareing the
same to be revoaked, adnulld & made voyde to all Intents &
Purposes imediately from and after the publishing these
presents within our said Province Given under our hand and
_ seale att armes this sixteenth day of February In the foure and
thirtieth yeare of our Dominion over oure sayd Province.
Annoq Dom: 1665.
True Copy written & examined by mee
Robert Ridgley Clerke of the Council
Then the Chancello" was allsoe sworne According to the
forme of the Oath of Chancello' sent in by his lordsp the
Oath of Councello™ & one of the Judges in Prouinciall Court
After which Richard Boughton Esq’ his Lordsps principle
Secretary was allsoe sworne as Secretary according to the
forme of an Oath now sent in by his Lordsp to that purpose
And allsoe was taken by him the Oath of a Councello' and
One of the Judges in Prouinciall Court
The Leiutennt Generall then desired the Opinion of the rest
of the Councell, wether it would not be requisite and Conueni-
ent, that Proclamacon doe issue, That noe powder now brought
in by Capt Thomas Harwood (being 50 barrills) be by any
person (that shall buy any part or parcell thereof) transported
or Carryed out of the prouince upon paine of imprisonm!
Which was by the whole Councell thought ffitt and requisite,
Whereupon Ordered theire Oponion be soe Entred
May the 23 1666
Issued then a Commission to W™Evans Esq for Must*
Mast‘ Gen‘all put in fo: 209 in this Booke Dat. ut. Supra
Commission Issued to George Vtye to be High sherriffe of
Baltemore County put in fo. 255 Idem Mutatis Mutandis
Dated this 28" of May 1666
poknO
Colonial
Papers. Vol.
XX, No. 12.
Liber H. H.
P- 259
p- 260
Liber H. H.
p. 264
p. 265
546 Proceedings of the Council of Maryland, 1661-1675.
Att a Councell held at St Marys on the 12™
day of June Ann° 1666
Charles Caluert Esq’ Leiutennt Generall
Philip Caluert Esq" Chancello*
Richard Boughton Esq; Secretary
Jerome white ]
Baker Brooke
Coll: w™ Euans ( Esq Councello’s
Tho: Truman =}
Was then taken into Consideracon Certaine dayes to be
appointed for the houlden the Prouinciall Court
Wherefore Ordered the ensueing Proclamacon be
published for the houlding the Said Courts which
Proclamacon is entred in folio. 265 :
Further Ordered that the Prouinciall Court &
County Court of s' Marys County be held together
att s‘ Marys 5 times in the yeare for the future and
- not else where (uizt)
The first Court to be held at st Marys on the third twesday
in the month of October, the second Court to be held on the
second tuesday in the month of Decemb’ the third Court to be
held on the second twesday in the month of ffebruary the 4"
Court to be held on the second twesday in the month of Aprill,
the 5" Court to be held on the first twesday in the month of
June for Orphants and soe in euery yeare to be kept at the
place and Respectiue dayes aforesaid
Proclamacon
By the Leiutenn' Generall and Councell
the 12 day of June An° 1666
It is this day Ordered by the Leiutennt Generall and Coun-
cell, That the Prouin*" Court and County Court of St Marys
County be held together at St Marys 5 times in the yeare for
the future and not else where, (uizt) The first Court to be held
at St Marys on the 3 twesday in the month of Octob™ the
second Co™ to be held on the second twesday in the month of
December, the third Court to be held on the second twesday
in the month of february, the 4 Court to be held on the second.
twesday in the month of Aprill the 5 Court to be held on the
the first twesday in the month of June for Orphants and so in
euery yeare to be kept at the place and Respectiue dayes
aforesaid
And it is further Ordered that Publicacon hereof be made
att the Prouin” Court holden this day at St Marys in Open
Court That the Sherriffe of the said County and all Justices of
Proceedings of the Council of Maryland, 1661-1675. 547
the peace and Comm* of the said County and all others whome Liber H. H.
it may Concerne may take notice hereof, And as they or any
of them haue Occasion may take out processe out of the Sec-
retarys Office Returnable at the said Courts aforesaid
Further Ordred that the Lord Prop* be humbly desired by p. 266
the Councell to allow out of the Casuall fines that shall happen
to his Lordp in the Prouin*" Court -p diem to the Justices for
their wages & expences in attending the publicque affaires of
the prouince.
And the Justices now p'sent doe make it theire humble
request to the Leiutenn' Generall to represent theire desires
herein to his Lordp at his next Conueniency.
Also Ordred that the Justices of the Prouinciall Court doe
giue theire attendance here at the dayes appointed for the
keeping of the said Courts, and for default of attendance shall
be lyable to a fine of fourty shillings unless the Councell shall
allow of theire Excuse for theire absence
And the Clk of this Councell Is hereby ordered to cause a
Coppy of this Ord" to be sent or deliuered to the Seuerall
Justices of the said Court
And that euery Justice of this Prouin*" Court doe appeare
in Court at the dayes appointed for theire Setting in Court w™
his ribon and meddle upon paine of a Noble for euery default
to the Lord Prop*
lastly Ordred that the Secretary doe forthwith issue out warr's
to each respectiue sherriffe for the taking the names of Such
persons within theire Balywick who goes und" the Notion of
Quakers and to make returne in a list of theire names and
sirnames at the next Prouin*” Court
June the 16" 1666 p. 274
Com*” then renewed and granted to Collonell Lewis Stockett
mutatis mutandis In fo: 205 to the said Stockett
[Commission to treat about a cessation of planting p. 260
tobacco. |
Charles Calvert Esq’ Leivtennt Generall & cheife Governor
of the Province of Maryland To Philip Calvert Esqt Henry
Coursey Esq* Nathaniell Vty Thomas Nottley Robert Sly &
Major Thomas Brooke Esq’ Greeting Whereas att an Assembly
of the ffreemen of this Province and their Deligates held at St
Maries the Tenth Day of Aprill one Thousand six hundred
sixty & six There passed an act entituled an act for En-
couragem! of Trade, wherein it is enacted that from and after
the first day of ffebruary which shall be in this Present yeare
one Thousand six hundred sixty & six till the first of ffebruary
Liber H. H.
p. 261
p. 262
548 Proceedings of the Council of Maryland, 1661-1675.
one thousand six hundred sixty Seaven noe tobacco shall be
sowen Sett planted or any waies in this Province of Maryland
Provided tht the Hono* S' William Berkley & the assembly
in Virginia & William Drummond Esq‘ Governor of Carolena
& the Assembly there doe make the like act in their seuvall &
Respectiue assembly’s prohibiting the Sowing Setting planting
or any wayes tending any Tobacco in the s* yeare within their
seu'all and Respective Jurisdiccons And further whereas itt is
Provided by the s* act That you the s* Philip Calvert Henry
Coursey Nathaniell Vtye Thomas Nottley Robert Slye &
Thomas Brooke or any three of you be sent Com’ from mee
with full power to treate & conclude vpon a Totall Cessacon
from Sowing setting planting or any waies tending any tobacco
in & during the s* yeare with the said S* William Berkley &
the said William Drummond or Com” from them & their Re-
spective Assembly’s to be Impowered to the like End intent &
purpose Obliging all psons whatsoeu’ within this Province to
Observe whatsoeu" you the said Philip Calvert Henry Coursey
Nathaniell Vtye Thomas Nottley Robert Slye & Thomas Brooke
or any Three or more of you shall agree vpon w™ the s¢ S' W™
Berkeley & W™ Drummond Esq! or the Com" by them & their
assembly’s to be Impowered as aforesayd tending only to the
Effectuall execucon of th‘ act as by the s* act relacon being
therevnto had more att large appeareth Now know ye tht I as
well for the Confidence I have in you the said Philip Calvert
Henry Coursey Nathaniell Vtye Robert Sly Thomas Nottley &
Thomas Brooke as for tht you were nomited Com™ by the
assembly aforesayd Have Constituted ordeyned & Impowered
& doe by theis presents Constitute appoint ordeine & Impower
you the s* Philip Calvert Henry Coursey Nathaniell Vtye
Thomas Nottley Robert Slye & Thomas Brooke or any Three
or more of you Com®™ to treate with the st S' W™ Berkley &
w™ Drummond or Com" from them & their Respetive assem-
blyes as aforesaid & vpon the s‘ treaty to agree & conclude
vpon a Totall Cessacon from Sowing Setting planting or any
waies tending any tobacco w'tin the three Collonies afores?
from the first of ffebruary one Thousand six hundred sixty six
till the first of ffebruary one thousand six hundred sixty Seaven
wherefore I doe request th‘ the s? Com’ or any three of them
be Credited & beleived in all things which they shall doe in &
concerning the premisses promising to ratify Confirme and
approve what soeu' shall be done by them according to this my
Comission, & according to the true intent Purport & meaning
of the act afores' Given att st Maries vnder the Lesser Seale
of this Province the 26'" Day of June in the 35% yeare of his
Lo» Dominion out this Province A°q Diti 1666
Charles Calvert
Proceedings of the Council of Maryland, 1661-1675. 549
[Peace with Susquehannoughs. ]
Att a Councell held at st Iohns on the
29" day of June An® 1666
Charles Caluert Esqt Leiutennt Genrall & Cheife Gouerno’
Philip Caluert Esq' Deputy Gouerno™ & Chancello*
Richard Boughton Esq, Principle Secretary
Henry Coursey Esq’ Councello®
Came Wastahunda Hariguera & Gosweingwerackqua the
warre Captaines of the Sasquesahanoughs and desired the
Continuance of their league w" the Rigt Hon”® the Lord Prop’
and protesting that they were allwayes ready to haue deliuered
Wanahedana up to the Justice of his Lordp for murdering the
men at the mill in Baltemore County and desiring that the
Villany of One man may not be imputed to the whole Nation
and requesting the Assistance of the Gouerno’ now at this time
hauing lost a Considerable number of men in ranging the head
of Patapsco and the other riuers so to secure the English Plan-
tacons from the Cinigoes and remonstrating that the Cinagoes
are resolued to Storme the Sasquesahanough fort in August
next and that afterwards the said Cinagoes intend to fall upon
the English in this Prouince
Whereupon was begun a further treaty of peace w' the s@
Sasquesahanoughs in which was Concluded as followeth
Articles of Peace and Amity concluded upon by the
Hon? Charles Caluert Esq’ Gouerno’ of the Prouince
of Maryland on the behalfe of the Rigt Hon?®* the Lord
Proprietary of the said Prouince of the One Party And
Wastahanda Hariguera & Gosweing-Verackqua warre
Captaines of the Sasquesahanoughs Nation this 29" day
June 1666 of the Other Party
Imprimis ‘That the Sasquesahanoughs Indians shall deliuer
Wanahodana that Kill’d the English man at the mill if
euer he returne out of Captiuity from the Cinagoes, And for
the future that they Shall apprehend secure and deliuer up to
the Gouerno' of this Prouince for the time being any Indian
whatsoeuer that Shall kill any English man And that as soon
as they shall come to know of it, And be it win their power
to apprehend, And that without demand made by the English
2“y That euery Indian that shall hereafter kill any hoggs or
Cattle of the English and shall thereof bee Conuict shall pay
for euery hogg fifty fathom of Peake and for euery head of
any other sort of Cattle One hundred fathom of Peake for
sattisfaccon to the Owners of euery such beast
Liber H. H.
p. 263
550 Proceedings of the Council of Maryland, 1661-1675.
Liber H.H. 37% That all former Crimes Comitted by any Indian of that
nation shall be forgott & buryed in Obliuion except Murder of
any English not yet discouered
p.264 4ty That the King of Potomack his two Sonns be by some of
the Sasquesahanough Indians deliuered up Prisinors to Major
Samuell Goldsmyth w® all Conuenient Speed, In wittnes where-
of the _ Wastahanda Hariquera and Gosweinguerackqua
haue sett to theire hands this 29" day of June An° 1666
The marke of
Wastahanda- [Terrapin] Hariguera
marke of
Gosweinquerack [Fox] qua
PARAO, Articles of Agreement concerning the Cessation
Peery in Virginia and Maryland and Albemarle
XX, No. 114. at lames Citty 12" Iuly 1666.
Articles agreed, and concluded upon at lames Citty the 12"
of Iuly 1666 Between the Hono’* Thomas Ludwell Esq’ sec-
retary of Virginia Maj Genn" Ro™ Smith Maj’ Genn" Richard
Bennett, Capt Daniell Parke, Capt loseph Bridger Capt Peter
Jennings and M* Thomas Ballard Gent: Commissio’* from the
Right Hono’ St W™ Berkeley Knt and the Assembly of Vir-
ginia and the Hono’ Philip Calvert Esq'* Henry Coursy Esq’
Nathaniell Uty, and Ro™ Sley Esq Commissio™ from the
Hono’ Charles Calvert Esq'* Governo’ of Maryland and the
Assembly their sufficiently by the Lawes and Comicons of
the Gov®* and Colonies impowered and the Hono”* William
Drummond Governo’ of Albemarle County in the Province of
Carolina, and Tho: Woodward surveyor Genn" of the said
Albemarle County Commissio™ by the deputie Gen! Court, and
Committie of the said County being the Legislative power of
the said County for the time being sufficiently impowered to
treate, and conclude upon a Totall Cessation from sowing, set-
ting, planting or any waies tending any tobacco in any the
three Colonies abovesaid, or any parte of them in the yeare
1667.
Whereas there passed an Act entituled an act for the
Encouragement of Trade at an Assembly held at Maryland
the 10" of Aprill 1666 wherein It is enacted that from and
after the first day of February which shall be in the present
yeare 1666 untill the first of February which shall bee in the
yeare of Our Lord 1667 Noe Tobacco shall be sowed, sett,
planted, or any waies tended in the said Province of Maryland,
Provided that the Hono’ S' W™ Berkeley Knt and the assem-
bly of Virginia and William Drummond Esq Gou' of Caro-
lina, and the Assembly there doe make the like act in their
severall Assemblies Prohibiting the sowing, setting, planting,
or any waies tending any Tobacco in the said yeare within
Proceedings of the Council of Maryland, 1661-1675. 551
their severall and respective jurisdiccons, and whereas the said
Hono St W™ Berkeley Knight and the said Assembly of
Virginia did at an Assembly held at James Citty the 5'° of
Iune last past in concurance with the said act of Maryland
make a Law with the same RestriccOns and Prohibicons of
planting, setting, sowing, or any waies tending any Tobacco
within this Colony of Virginia with the same provisions and
LimmitacOns as are conteyned in the said act of Maryland.
And whereas the said W™ Drummond and Thomas Wood-
ward Gou* and Commissio™ for the said Albemarle County
have promised and undertaken to procure an Act in their
Councell and Committee prohibiting the sowing, setting,
planting or any waies tending any Tobacco in the said County
of Albemarle from the first of February which shall bee in the
yeare 1666 till the first of February which shall bee in the
yeare 1667 and the same Law so made one or more authen-
tique Coppies. thereof cause to bee delivered to the Right
Hono” the Gou' of Virginia and the Hon?* Govern’ of Mary-
land at or before the Last day of September next ensueing the
date hereof.
And whereas the said act of Virginia and Maryland and the
said Ord" of the Courts and Committie of Albemarle County
signed by the deputie Gou' Councill Speaker and Committie
thereof Have amonngst other matt’ and things nominated,
constituted, impowered and appoynted us the subscribed to
bee Commissioners to treate, and concluded upon a Totall Ces-
sation as aforesaid in the places and yeare aforesaid and to
treate and conclude upon the most Effectuall meanes of putting
the said acts into Effectuall Execution obleidgeing themselves
and the publique Faith of their respective Collonies to ratefie,
and confirme whatsoever shall bee treated, and concluded on
by and between the said Commissio" in manner and to the
intents aforesaid in obedience to and for the better execution
of the said act. It is therefore by us the said Com* of the
said Respective Collonies concluded and agreed.
That the said Lawes for a Totall Cessation from plant-
ing, setting, sowing, or any waies tending Tobacco in
any, or any part of all or either of the said Collonies of Vir-
ginia and Maryland bee effectually putt in Execution in Vir-
ginia and Maryland, Provided that the said Gou' Councell,
and Committie of Albemarle County doe make a Law there
prohibiting the sowing, setting, planting, or any waies tending
any Tobacco in the said County from the first of February
which shall be in the yeare 1666 till the first of February 1667
in like manner as is already donne in Virginia and Maryland
and the same act soe as aforesaid to bee made shall transmitt
to the Gou' of Virginia and Maryland or authentique Coppies
First
PRS O:
Colonial
Papers. Vol.
XX, No. 114.
552 Proceedings of the Council of Maryland, 1661-1675.
p. R.O. there of at, or before the last day of September next Ensueing
cv the date hereof. ,
XX, No. 114. For the better and more effectuall Execution of the
Secondly said Lawes in the Severall Colonies aforesaid It is
concluded and agreed by and between us the said Com’ that
the Severall and respective Gou’ Councellor and Justices of the
Peace and all other Publique Offices within the said Collonies
of Virginia, Maryland and Albemarle County in Carolina doo
take a Solemn oath upon the Evangelists to use their Best
and utmost Endeavour fully and Effectually to see the said
Lawes executed according to the true intent and meaning of
the said Lawes and these articles without any partialitie, or
evasion and the said Oathes to bee taken before such persons
as shall bee appoynted by the respective Collonies if they shall
think fitt. to appoynt any such
For the mutuall and better securitie of each respec-
tive Province from any dammage or Inconvenience
that may arrive or happen to them by the breach of the said
act in their neighbour Collonies, It is agreed and concluded b
and between us the Commissioners aforesaid that there shall
bee free Leave and full power Left to all and Everie of the
said Colony to appoynt and impower such persons as they
shall think fitt to goe into any parte of their Neighbour Col-
lonies there to see wether the said Act bee broken or not, and
if they find them broaken then upon complaint made by the —
said persons soe impowered to the Gou' of the Colony soe
offending against the Intent and meaning of the said Act, the
said Gou’ and other Magistrates of the said Colony offending
as aforesaid shall bee oblidged forthwith to imploy their respec-
tive authoritive and utmost power for the Effectuall punish-
ment of such offendors by cutting up their Tobacco either
sowen, planted, sett or tended as aforesaid.
That these above menconed articles are our mutuall
agreemts according to the power given us as aforesaid Wee
the said Com" have hereunto sett our hands and seales the
day and yeare and in the place first above mentioned
Will Drumond (seale) Philip Calvert (seale)
Tho: Woodward (seale) Henry Coursey (seale)
Nath Uty (seale)
Robt Slye (seale)
Tho: Ludwell Jun
Thirdly
Thomas Ludwell Jun" (seale) loseph Bridger (seale)
Robert Smith (seale) Peter Jennings (seale)
Richard Bennett (seale) Thomas Ballard (seale)
Daniell Parke (seale)
Copia vera Teste
Tho Ludwell Jun"
Proceedings of the Council of Maryland, 1661-1675. 553
By the Leiutennt Generall & Cheife Justice
of the Prouince of Maryland the 27 day of
July Ann? Domini 1666
I doe hereby apoint Robert Slye John Lawson William
recs» PPetton Thomas Dent & william Boreman gen‘ to be
Sigiti_ Justices of the peace inand for the County of S' Maries And
to doe & execute all such things as are belong-
ing to any Justice of the peace w'*in this prouince,
The said persons first taking the Oath of fidelity to the Rig"
Hon" Czecilius Lord Proprietary of this prouince and the Oath
of a Justice of the peace, Which Oaths I doe apoint the said
w™ Bretton to Administer to the said Robert Slye John Lawson
Thomas Dent & william Boreman and after they haue taken
the said Oaths then they or either of them to Administer the
like Oaths to the said w™ Bretton for which this Shall be a
Sufficient Warrant to them and euery of them, Giuen und" my
hand and seale the day and yeare first aboue written
Charles Caluert
The Oath of a Justice of peace
I doe sweare that I will well and truly execute the Office of
a Justice of the peace w'"in the County of St Marys according
to my best skill and knowledge so help me God
August the 22 1666 and in the
35" yeare of his lordps Dominion
Commission then issued and Granted to Capt Will™ Thorne
to be Capt (under Charles Caluert Esq’ Cap‘ Generall) of all
the forces: on the Easterne Shore of this prouince from Wicco-
comoco that Joynes uppon Mannij to the north point of Poca-
moke on the said Easterne Shore
Mutatis mutandis ut est in fo: 23
To Cap! william Euans
[Erection of Somerset County. ]
Czecilius Absolute lord & Prop'’ of the :pvinces of Maryland
& Avalon Lord Baron of Baltemore &c To Stephen Horsey,
W" Stevens, W™ Thorne, James Jones John Winder Henry
Boston George Johnson & John White gent. Greet? know ye
that wee for the ease & benifitt of the people of this o* :pvince
& for the Speedy & more exact Adm" of Justice have erected
& doe by theis pnts erect all th' Tract of land w‘"in this our
province of Maryland bounded on the South with a line drawne
Liber H. H.
p. 267
p. 268
Liber H. H.
p. 269
554 Proceedings of the Council of Maryland, 1661-1675.
from Wattkins point (being the North point of tht bay into w™
the River Wighco form‘ly called Wighcocomoco afterwards
Pocomoke & now Wighcocomoco againe doth fall exclusively)
to the Ocean on the East. Nantecoke river on the North & the
Sound of Chesipiake bay on the West into a County by the
name of Sommersett County in hono' to our Deare Sister the
lady Mary Somersett & for the great trust & confidence we
have in your fidelityes Circumpeccons Providdnces and Wis-
domes have Constituted Ordeyned & appoynted & doe by
theis pnts constitute Ordeyne & appoint you Stephen Horsy
W™ Stevens W™ Thorne James Jones John Winder Henry
Boston, George Johnson & John White gent. Com’ Jointly
& seu'ally to keepe the peace in Sommersett County afores? &
to keepe & cause to be kept all laws & Ord’s made for the
good & conservacon of the peace. & for the quiett rule &
gou'm of the people in all & eu’y the Articles of the same & to
chastice & punish all -psons offending ag‘ the forme of any
lawes & Ord of this our pvince or any of th™ in Som'sett
Co" afores* as according to the forme of those lawes & Ord’
shall be fitt to be done Wee have aisoe Constituted & Ordeyned
you & every foure or more of you of w you the s¢ Ste: Horsey
W™ Stevens & W™ Thorne (vnless some one of our Councell
be pnt) are alwaies to be one Com” to enquire by the Oath of
good & lawfull men of your County afores* of all maner of
fellonies Whitchcrafts inchantm* Sorceryes Magick Arts Tres-
passes forestallings ingrossing & extorcons w'soeu’ & of all &
singler other Misdeeds & offences of w™ Justices of the Peace
in England may or ought lawfully to enquire by whomesoeu'
or whensoeu' done or ppetrated or w* hereafter shall happen
to be done or :ppetrated in the County afores‘ agt the laws &
ord” of this o* pvince Provided you pceed not in any of the
cases afores* to take life or member but tht in eu'y such case
you send the prisoners w" their Indictn & the whole matter
depending before you to o° Justices of o* Pro Court next to be
holden of this our province whensoeu' or wheresoever to be
holden there to be tryed, And further wee doe hereby authorize
you to yssue Writts, processe arrests & attachm* to hold Plea
of heare & determine and after Judgm! execucon to award in all
causes Civill whether in accons reall or personall where the
thing in accon doth not exceed the value of Three thousand
pound weight of tobacco according to the lawes Orders &
reasonable Customes made & vsed in this o' -pvince of Mary-
land In w* causes Civill to be tryed we doe Constitute Ordeine
& appoint you the s¢ Ste: Horsey W™ Stevens & W™ Thorne
or either of you to be Judgess afores vnlesse some one of our
Councell be then in Co" And therefore we comand you tht you
dilligently intend the keeping of the peace lawes & ord's & all
Proceedings of the Council of Maryland, 1661-1675. 555
& singler other the premisses & att certeyne daies & places Liber H. H.
w you or any such foure or more of you as afores* shall in th*
behalfe appoint ye make inquires vpon the pmsses & pforme
& fullfill the same in forme afores* doeing therein tht which p. 270
to Justice apperteyneth according to the lawes Ord® &
reasonable Customes of this our pvince Saving to us the
am'ciam's & other things thereof to us belonging And we
comand the sherriffe of your s* County for the tyme being by
u'tue of theis pits th' at c'teine daies & places w™ you or any
such foure or more of you as afores? shall make knowne to him
to give his attendance on yo” & if need require to cause to
come before you or any such foure or more of you afores* such
& as many good & lawfull men of your County by whome the
truth in the premisses may be the better knowne & enquired
of And last lastly we have appointed Edmond Beachchampe
Clark & Keeper of the Records of :pceedings in this yo" County
Court & therefore you shall cause to be brought before you at
the said Daies & places the writts :pcepts processes Indictm's to
yo" Court & Jurisdiccon belonging to the same may be inspected
& by a due course det'mined as afores* Given vnd' the great
Seale of this our pvince of Maryland the two & twentyeth day
of Augt in the five & Thirtyeth yeare of our Dominion over
the s¢ Province & in the yeare of our Lord One Thousand Six
Hundred Sixty Sixe Wittnes our Deare Sonn Charles Calvert
Esq our Leivtennant Generall Cheife Governo™ and Cheife -
Justice of our sayd Province of Maryland.
1006 ee aath Comme" then issued to Stephen Horsey of Somer- p. 271
sett County to be Sherriffe of the said County for one
whole yeare from the date thereof to be Computed and after
untill the Gouerno’ shall depute another sherriffe for the said
County, mutatis mutandis ut est in fo: 255 to Nicholas Young
Warr' alsoe issued to impower the said Horsey to take
a list of all the tythable persons in the said County of
Somersett and to returne the same by the next Pro*”
Court to be held the 16 day of Octob* next.
mutatis mutandis ut est in fo: 256 to young
Septemb* the 7 1666
Then came John Edmondson and John Pitts and humbly
prayes the Rigt Hon’* The Leiutenn’ Generall to grant them
Lycence and Commission to trade & trafficque w™ any Indians
win the Prouince for Beauor and Roanoke or other Commo-
dities to the uallue of two hundred weight of Beauer or other
Skinns and Two Thowsand Armes length of Roanoke
Liber H. H.
Ppo272
556 Proceedings of the Council of Maryland, 1661-1675.
Ordred that John Pitts & Jn° Edmundson haue toleracon
lycence and liberty to Commerce and trade with any Indians
win this prouince Prouided they be accomptable for the tenth
part of all Beauor soe by them traded for, to the Leiutennt
Generall for the time being
Att a Councell held in the Office Chamber On
the 12 Sep' 1666
Charles Caluert Esq’ Gouerno'
Philip Caluert Esq™ Chancello*
Jerome White | Esq’ Counc"
Coll W™ ae
Then was taken into Consideracon the makeing up of the
publicque Leauy for this p’sent yeare of 1666
Att which time it is Ordred that the Leiutenn' Generall be
paid out of the publicque leauy for a horse by him disburst and
giuen by the Country to the Indians 2500! tob
allso Ordred the leiutennt Generall be paid out of the
publicque leauy for Carpenters work & planck used in 1920
and the Court howse for the railes & benches &c
Also Ordred the Leiutenn' Generall be paid out of
the publicque leauy for Carpetts & other necessarys for
the Court howse
i 3828
Ordred that the Hon? Chancello™ be p* out of e|
publicque leauy the Charge of his sloope downe to Ver- } 2000
genia at her hire w" uictualling & mens wages
Ordred that the Clk Daniel Ienifer be p* out of the
publicque leauy for making up the publicque leauy 3
yeares together & the County leauy
Ordred that the said Dan: Ienifer be paid Out of the
publicque leauy for 2 mens hire and dyet w" other dis-
bursm's about the Office to the late Secretary
Ordred that Leiutennt W™ Smyth be paid Out of im
3482
2000
940
publicque leauy for Carpenters Work and Planck dis-
burst about the Office to the late Secretary
Then was read a petition of diuers Inhabitants & souldiers
cf Charles County that the Gouerno" would displace Capt W™
Boreman whom was lately Constituted Capt of the militia &c:
Ordred that the 5 first named in the said petition be sent
for downe by speciall summons to the sherr. of that County, to
appeare next Prouin*” Court to Answere their Contempt herein
for disobeying the said Com theire names are James Lindsey
Joseph Harrison Ignatious Causine John Lewger and Thomas
Allanson &c
Proceedings of the Council of Maryland, 1661-1675. 557
Att a Councell held in the Office
Chamber the 25" day of
Septemb’ Anno 1666
Charles Caluert Esq* Gouerno*
Philip Caluert Esq’ Chancello*
Jerome White Esa’?
Coll W™ Euans \ en
Was then the County Leauy taken in hand to be made for
this yeare
Ordred the Hon”* Chancello' be paid out of the County
Leauy according to act of Assembly t tob.
for transcript of all the last lawes 2000
Ordred that w" Smyth be sattisfyed for this County | ,, 9
Burgesses Expences according to the Act of Assembly 7°S
Ordred that Robt Cork be paid for goeing ina boate 550
Ordred that Capt Nic? Young and Dan: Jenifer be paid
out of the leauy 429
Ordred that Coll w™ Euans be paid for 1 wolues
head Mee
Ordred that Jn° Nuthall be paid for one wolfs head
out of the leauy ee
~ Ordred W™ Caluert Esq’ be paid for 2 wolfs heads
out of the leauy oe
Ordred that Capt Luke Gardner be paid for 3 wolfs
heads se
Ordred that Uincent Atcheson be paid for 3 wolfs
heads oS
6764
Ordred the Sher. be p* for Colleccon 676
744°
Tythables in this County is 620 persons at 12! p pole
amounts unto ee
The publicque Leauy is this yeare 41! tob: :p pole w®
the County leauy makes in all 53' tob: ‘p pole
Letter of Dennizacon granted to Thomas Barbery Subject
to the Kingdome of Portugall Mutatis Mutandis -p ut fol 165
dated the 12 of October in the 35 yeare of our Dominion &c.
annoq Domini 1666. Wittnes our Deare Sonn Charles Calvert
esquire our Leivtenn' gefall of our sd Province of Maryland.
Liber H. H.
P- 273
P. 274
Liber H; H.
558 Proceedings of the Council of Maryland, 1661-1675.
Att a Councell held at St Marys
the 17 day of Octob™ 1666
Gouerno® Chancello* Jerome White Edward Loyd
Henry Coursey Coll: Williams Euans and Thomas Tru-
man. Esq’
Prsent
Was then taken into Consideracon the Confirmacon of a
Cessation made in the Prouince of Carolina by an Act of
Assembly ther made and sent heither und" the handes of
William Drumand Esq* Gouerno' thereof and George Catch-
meyd Gen‘ speaker of the st Assembly
Put to the Vote wether the said Act ought to be
put in Execucon or not, Major Vote Conuenient
Whereupon Ordred by the Gouernot & Councell that a Ces-
sacon be made throughout the whole Prouince according that
Act made in this Prouince at an Assembly held the ro da
of Aprill last and all Clauses therein expressed to be duely
Obserued and kept.
And further Ordred that the ensueing Proclamacon doe forth-
w'" issue to each respectiue County w'*in this Prouince to be
there Proclaime by the sherriffes of each County that the
Inhabitants therof may be fully sattisfyed of the same
Which Proclamacons did accordingly issue und" the
Greate Seale of this Prouince to each respectiue County
and is as followeth
By the Lievtenn' Generall
and Cheife Governor of this Pro-
vince of Maryland.
Proclamacon
Concerning the Act for Encouragmt
of Trade
Wheareas by a late act of Assembly begun at St Maries the
tenth day of Aprill in the yeare One thousand six hundred
sixty & six Entituled an act for encouragm' of trade itt is
Enacted that no tobacco shall be Sowen Sett planted or any
waye tended w'in this province from the first of ffebruary w%
shall be in this present yeare One thowsand sixe hund¢ sixty
& sixe till the first of ffebruary which shall be in the yeare One
thowsand sixe hundred sixty Seaven Provided tht the Rt hono'
S' William Berkeley & the assembly in Virg? & William
Drummond Esq’ & the assembly in Carolina do make the like
act in their seu’all & Respective assemblyes, Prohibiting the
sowing setting planting or any waies tending any tobacco in
the yeare afores*) within their seu’all & Respective Jurisdiccons
Proceedings of the Council of Maryland, 1661-1675. 559
from the first of ffebruary One thowsand six hundred Sixty &
sixe till the first of ffebruary One thousand six hundred sixty
seaven in Compliance with the said act of our Assembly And
whereas aswell the said S" William Berkely and the assembly
in Virg? As the s¢ William Drumond & the Assembly in Caro-
lina have passed their severall & Respective acts prohibiting the
Sowing Setting planting or any waies tending any tobacco in the
yeare afores’ w'tin their seu‘all & respective Jurisdiccons by the
Advice & Consent of the Councell I doe hereby Publish the
said Act & strictly charge & Comand all persons w'in this
province to obserue the same vnder paine of Imprisonmt fine &
such other punishm's as by lawe may be inflicted vpon Contem-
ners of his Lops lawes & lawefull comand & breakers of the
Publiq ffaith and I doe hereby Strictly charge and comand all
Majestrates sheriffes Constables & other his lops Officers to
see the said Act & this Proclamacon put in full & Effectuall
execucon Given att St Maries vnder the greate seale of our s*
Province this seaventeenth day of October in the five & thirtyeth
yeare of his lo’* Dominion over this province Annoq Dm One
thousand sixe hundred sixty & Sixe
The Eleaventh of December 1666.
Further Articles of agreem' had made, concluded and agreed
on at St Maries in Maryland between us the Subscribed Com"
for Virg* and Maryland sufficiently impowred to Treat and
conclude of a Totall Cessation of Planting Setting or soweing
any Tobacco in each Colony as also in Albemarle County in
Carolina as followeth.
Viz! Whereas there was an agreem' made & concluded
on between the Com® of Virg* Maryland & Albemarle County
in Carolina bearing date the twelth of July one thousand six
hundred sixty six at James Citty grounded upon the severall
& respective Acts of Assembly for a cessation by w% it was
assented to & concluded on that there should be a Totall Ces-
sation from Sowing, Setting Planting or any waies tending
any Tobacco in any or any part of the three Colonies afores*
from the first of February one thousand six hundred sixty six
untill the first of February one thousand six hundred sixty
seaven. Provided W™ Drumond Esq* Gov" of Albemarle
County in Carolina & the Assembly of that Province did
make the like Act in tht Colony. And the same should Transmitt
to the Gov’ of Virginia & Maryland by the last of September
then next to ensue as by the said Articles, (Relacon being
thereto had) more fully may appear. And whereas the s* W™
Drummond Esq' & the Assembly of Albemarle County afore-
said did make an Act prohibiting the sowing setting, planting
Liber H. H.
p. 276
Paka:
Colonial
Papers. Vol.
XX, No. 195.
P. R. O.
Colonial
Papers. Vol.
XX, No.195.
Liber H. H.
Pp. 276
560 Proceedings of the Council of Maryland, 1661-1675.
or any waies tending any Tobacco from the said first of Feb-
ruary one thousand six hundred sixty six, to the first of Feb-
ruary, one thousand six hundred sixty seaven. But the said
Act so made could not Transmitt to the s* Gov® of Virginia
and Maryland before the fifth of October last past by reason
of an Invacon of their neighbouring Indians by which laps of a
few daies occationed by the s* Invacon, Wee doe not judge
either the severall & respective Acts of Assembly or the s*
Articles of Treaty of the 12 July aforesaid grounded upon
the said Acts to be falln or voyd Wherefore to the intent the
good of the severall Collonies expected from a Cessacon, may
not be stifled in its birth, wee the Com*® of Virg? and Mary-
land doe declare that no Advantage is or ought to be taken
upon the lapse of those few daies menconed being noe Essentiall
part of the said Agreem‘ and doe hereby accordingly ratifie
and confirme the same according to the true intent and mean-
ing thereof, fully relying upon the said late Act of Assembly
of Albemarle County in Carolina for the performance & the
Execucon of the s* CessacOn in time and manner as is
expressed in the same. And wee doe further hereby agree &
conclude th‘ there shall issue out a Proclamacon from each of
the respective Gov requireing and commanding an exact
Obedience to the s* severall acts of Assembly made in the s@
severall Colonies of Virg? Maryland and Albemarle County
and likewise the said Articles of Agreem' under the penalties
of Fine Imprisonm' & cutt up the Tobacco planted, sett, sowne
&c: To be inflicted upon all or any person or personns offend-
ing against the s*¢ Act or any of them in their respective Gov-
ernm® And that Authentique Coppies of the s¢ Proclamacons
to be published as aforesaid be (so soone as possible) trans-
mitted from each respective Gov" to both the other Gov" to
the intent that all Interests may be satisfied in the severall pro-
ceedings in the performance of the said Articles In wittness
whereof wee have hereunto sett our hands and seales, the day
and yeare first above written
Philip Calvert (seal) Tho: Ludwell (seal)
Henry Coursey (seal) | Robt: Smith (seal)
Robt Slye (seal) Ri: Bennet (seal)
Tho: Notley. (seal) Nicho: Spencer (seal)
Tho: Ballard (seal)
Joseph: Bridg* (seal)
Daniell Parke (seal)
January the 2° 1666
Was then Sworne before the Leiutennt Generall the Comm
of Charles County to that Oath concerning a Cessacoén whose
names are Henry Adams Zachary Wade Joseph Harrison
Proceedings of the Council of Maryland, 1661-1675. 501
Francis Pope Willeam Marshall Walter Beane and James
Lindsey
[Disassent to Cessation of Tobacco-planting. ]
C: Baltemore
Czecilius absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Barron of Baltemore &c. To our Leiv-
tennt of our sayd Province of Maryland & of the Dominions
therevnto belonging Greeting Having taken notice of a certeyne
Act of Assembly made att & by a gen‘all Assembly of the
Delegates & Deputies of the Freemen of our said Province of
Maryland begunn the Tenth Day of Aprill in this pnte yeare
of our Lord one thousand six hundred sixty & Sixe Entituled
an act entituled an act for the encouragem' of Trade The effect
of which is to prohibite the planting of Tobacco for a certeyne
tyme therein Limited and having duely considered the great
Inconveniences w® may follow from the same Not only to the
Poorer Sort of the Planters within our sayd province but alsoe
to the Kings most excelent Majesty in relacon to his Mats
Customes Wee do hereby will & require you That vpon the
Receipt of theis pits you doe Imediately Declare & publish or
cause to be Declared & published within our said province
our pticuler & expresse Disassent. Dissagreement & Dis-
approbacon of & vnto the sayd Act of Assembly herein before
recited And like wise th' att the next Gen‘all Assembly of the
Deputies & Delegates of the s* Freemen of our sayd Province
of Maryland to be assembled you doe likewise Declare and
publish our ppticuler and expressed Dissent Disagreement &
Disapprobacon of & vnto the sayd act of Assembly herein
before recyted w°* sayd act of Assembly wee doe pticulerly
& expressly disapprove of & Dissassent vnto And wee
doe by theis presents vnder our hand & Seale publish &
Declare our pticuler Disassent & Disagreement vnto & Dis-
approbacon & disapprobacon of the sayd Act of Assembly
herein before recyted & of & vnto all & every the Articles
Clauses Matters & things therein menconed expressed & con-
teyned Given vnder our hand & Seale att armes this foure &
twentyeth day of November in the five & thirtyeth yeare of
our Dominion over our sayd Province Annoq Dni One thou-
sand six hundred sixty sixe
This is a True Copy Locus
examined by me Sigilli
seale Charles Calvert.
You are hereby Ordered vpon sight hereof to cause the
above said Jnstrument being a true Copy of the Originall from
Liber H. H.
P- 277
Liber H. H.
p. 278
562 Proceedings of the Council of Maryland, 1661-1675.
vnder the hand & Seale at arm’s of the R‘ hono’* the Lord
Proprietary to be forthwith published by your selfe or Deputy
in your County & hereof you may not faile & this shal be your
Sufficient warrt for your soe doing Given vnder my hand &
Lesser Seale this sixteenth day of ffebruary one thousand six
hundred sixty sixe
To Cap Nicholas Young. Charles Calvert
High sherriffe of
St Mary’s County
[Denization of John Jourdaen.]
Czcilius Absolute Lord & Proprietary of the Provinces of
Maryland & Avalon Lord Baron of Baltemore &c. To all
persons to whome theis presents shall come Greeting in our
Lord God Everlasting Whereas John Jourdaen late of the
Island of Barbado’s belonging to the Crowne of England &
Subject of the Crowne of ffrance having for Some tyme Resided
within this our Province of Maryland hath besought us to grant
him the s* John Jourdaen leave here to inhabite and as a ffree
dennizen freedome land to him & his heires to purchase Know
yee th' wee willing to give due incouragm* to the Subjects of
tht Crowne Do hereby declare him the s* John Jourdaen (be
in all things held treated reputed & Esteemed as one of the
faithfull people of us our heires & Successors borne within this
our Province of Maryland And likewise any lands Tenem*
Revenues & to be a free dennizen of this our Province of
Maryland And doe further for us our heires and Successo™
straytly enjoyne, Constitute Ordeyne & comand th‘ the said
John Jourdaen be in all things held treated reputed & esteemed
as one of the faithfull people of us our heires & Successors
borne within this our Province of Maryland And likewise any
lands tenem* Revenues Servies & other hereditam® whatsoeu'
w"in our s* province of Maryland may inherite or otherwise
Purchase receive take have hold buy & Possesse & th™ may
occupy & enjoy give Sell Alyen & bequeath as likewise all
libtyes ffranchizes & Priviledges of this our Province of Mary-
land freely quietly & peaceably have & Possesse occupy and
Enjoy as our faithfull people borne or to be borne win our
said Province of Maryland without the lett. Molestacon vexacon
trouble or Greivance of us our heires & Successo"s any Custome
to the contrary hereof in any wise notwithstanding Given att
S‘ Maryes vnder the greate Seale of our said Province of Mary-
land this two & twentyeth day of March in the five & thirtyeth
yeare of our Dominion over our s@ Province of Maryland
annoq Domini one thousand six hundred sixty six Wittnes
our deare Sonn Charles Calvert Esq‘ our Leiv' Gen‘all & cheife
Governo' of our s? Province of Maryland.
INDEX TO NAMES OF PERSONS AND PLACES.
A
Abbott, John, 121, 124, 125, 158, 159, 161.
Abington, John, 381, 397, 422, 423, 488,
503.
Accomac (Accomack, Accamack), 74,
106, 450, 463, 464, 469, 474.
Accomac (Accamack) County, 435, 439,
459; 495-
Adams (Addams), Henry, 424, 483, 501,
519, 560.
Adams, Capt. Thomas, 89, 96, 300, 301.
Albemarle, Duke of, 459, 513.
Albemarle (Carolina), 550.
Albemarle County, 550, 551, 552, 559
560.
Alexander, Sir William, 20.
Allanson, Thomas, 454, 5596.
Allen, Mr., of Marke Lane, 244.
Allen, Richard, 181, 247, 248.
Allen, Thomas, 62, 121, 124, 125.
Allen, William, 246.
Allerton, Mr., 480.
Altam, John, 258.
America, 4.
Amsterdam, 360, 361, 367, 382, 383, 428.
Amusteack (place), 363.
Anamessecks (Anumessceks, Anames-
sicks) (place), 452, 453, 475, 497-
Anancock—see Wicomico,
Anderson, John, 473.
Anderton, John, 449.
Andra Sonque, 421.
Anglesey, Earl of, 459, 510.
Angood (Angud), John, 106, 149.
Anketill, Francis, 187, 424.
Anne Arundel (Anne Arundell, Ann
Arundell, An Arundell), 325, 348, 349,
350, 351, 352, 353, 355» 362, 364, 396,
All.
Anne Arundel (Anne Arundell, Ann
Arundell, An Arundell, An Arrundell)
County, 256, 257, 284, 286, 287, 290,
303, 304, 308, 342, 348, 350, 358, 405,
4II, 424, 449, 451, 456, 463, 481, 489,
491, 492, 493, 502, 512, 513, 517, 518,
522, 523, 524, 525, 526, 530, 531, 532,
535) 539) 541-
Anne Arundel (Anne Arrundell) River,
41, 444.
Antiqua (Antego), 265, 484.
Appaquimmin (place), 431.
Appomatocks (Apomatocks, Appama-
tucks), 190, 192, 193.
Aquascack Indian, 88.
Aquascack Town, 88.
Araba (Aruba), 367.
Arania, Fort at, 499.
Ark of London (ship), 23.
Armstrong (Armestrong), Lieut. Francis,
401, 490.
Arnold, John, 494, 495.
Arnold, Thomas, 121, 124, 125.
Arthur, Daniell, 382.
Arthur, Francis, 382.
Arundell, William, 102.
Asbrook, John, 228.
Asbrook, Thomas, 228.
Ashley, Lord, 459, 510, 511, 513.
Ashley, John, 228.
Ashmore, Wm., 258.
Asiter, William, 138, 179.
Assateges, 379.
Atcheson, Vincent, 446, 557.
Aueret (Everett), John, 435, 441, 456.
Auery, John, 456.
Auroghtaregh (Aurotaurogh), 278.
Ayres, Joh., 182.
B
Baker, Mourice, 494, 495.
Baker, Thomas, 424.
Baldridge, Mrs., 178.
Baldridge, James, 61, 179.
Baldridge, Lieut. Thomas, 85, 108, 119,
120, 123, 132, 150.
Ball, Richard, 499, 500, 529.
Ballard, Thomas, 550, 552, 560.
Baltimore (Baltemore) County, 418, 424,
449, 451, 464, 481, 485, 492, 493, 501,
593) 513) 520; 539; 531; 545) 549-
Banks (Bancks, Bankes), ean Eichard:
£20,123) 1355170) 27 1)-272).302, 344.
Bantry, 382.
Barbadoes, 265, 360, 361, 382, 484, 562.
564
Barber (Barbar), Dr. Luke (Luck), 323,
325, 331, 332, 356, 359, 366, 375, 381,
383, 386, 454, 455.
Barbery, Thomas, 557. :
Barkeley, Sir William—see Berkeley, Sir
William.
Barmudoes—see Bermudas.
Barrett, Thomas, 360, 361.
Barrett, William, 334.
Barriffe, John, 319.
Barton, William, 326, 395, 490, 503, 514,
516.
Basha, Andrew, 121, 124.
Basha, Giles, 121, 124, 125, 138.
Bateman (Beateman), John, 342, 343, 394,
404, 405, 406, 407, 410, 412, 414, 418,
420, 425, 431, 433, 434, 441, 448, 449,
456, 460, 464, 471, 472; 485, 486, 487.
Bath, 197, 209, 215, 216, 217, 218, 210,
227 022%.
Bathe, Earl of, 510.
Bathe, Peter, 402.
Baxter, Roger, 121, 124, 125.
Bayley (Bayly), Godfrey (Godfry), 418,
500, 503, 520.
Beach, Ellis, 120, 123, 138.
Beachchampe, Edmond, 555.
Beake, Robert, 382.
Beane, Ralph, 177, 228, 483.
Beane, Walter, 120, 123, 138, 174, 179,
424, 519, 539, 561.
Bearton, Meeck, 455.
Beateman, Mr.—see Bateman, John.
Bedlo, Isaack, 466, 467, 489, 490.
Belcher, Thomas, 303, 304.
Bellamy, Henry, 97, 125. =
Benham, Mathewe, 360, 361.
Bennet, Richard, Captain, Major-General,
264, 269, 272, 276, 277, 278, 297, 311,
313, 320, 324, 330, 331, 332, 333, 334,
335» 356, 477, 529, 550, 552) 560.
Bennet, Secretary, 485, 510.
Bennett, Henry, 513.
Bennett, John, 121, 124, 126.
Berkeley (Barkeley, Berkley, Berckeley),
Sir William, 189, 190, 191, 397, 476,
477, 478; 479, 480, 484, 497, 516, 548,
559; 551, 558; 559.
Berkeley (Berkley), Lord, 510.
Berkshire, 5.
Berkshire, Earl of, 459, 510.
Bermudas (Barmudoes), 265, 306.
Berry, William, rar, 124, F25,
Berwick upon Tweed, 484.
Besson (Beesson), Captain Thomas, 352
424) 444, 517, 522, 534, 539.
inx, Mr., 120, 123.
Birkehead (Birkeheadd), Abraham, 489.
Birkehead (Birkeheadd), Christopher, 489.
d
Lndex to Names of Persons and Places.
Bishop, Abraham, 519.
Bishop, Henry, 91, 104, 1o7~erio.uncr,
T22 aI 22 ison 250s
Blackborne, Ro., Secty., 382.
Blainthwait—see Brainthwait.
Blount, Capt., Esq., 123.
Blount, William, 103, 114, 120, 121, 122,
124, 131.
Blunt, Richard, 448, 451, 455, 537-
Boareman, William—see Boreman, Wil-
liam.
Bogue (Bouge), Lieutenant John, 344,
347, 394) 434, 531-
ond, Dennis, 250.
Boniefeild als Holte, Christian, 463.
Boocock, John, 256.
Boreman (Boareman, Bosman), Captain
William, 411, 435, 446, 453, 472, 490,
495, 496, 503, 514, 553, 556.
Bosman (Boreman ?), William, 495, 496.
Boston, Henry, 533, 537; 553) 554+
Bosworth, John, 306, 307, 308.
Boteler, Capt. John, 75, 89, ror.
Bouge (Bogue ?), John, 434.
Boughton, Richard, Secretary, 541, 545,
546, 549.
Bourck, William, 456.
Bowen, David, 256.
Boys, Thomas, 85.
Bradney, Wm., 256.
Bradnox (Brednox), Thomas, 97, 125,
182, 183, 192, 349, 351, 424, 455.
Brainthwait (Brainthwaite, Blainthwait),
Captain William, 62, 80, 81, 82, 89, 90,
122, 140, 146, 147, 150, 160, 161.
Brassieur (Brasseurs, Brasseuir), Benois
(Benjamin), 424, 465, 489, 513, 529.
Brazil (Brasille, Brasyll), 370, 514, 533.
Brednox, Thomas—see Bradnox, Thomas.
Brent, C.—see Brent, Giles.
Brent Giles, 85, 86, 88, 89, 90, 97,
104, 105, I2I, 123, F24, 125, 130;
132, 133, 134, 135, 136, 137, 138,
140, 141, 142, 143, 147, 148, 149,
I51, 152, 157, 159, 162, 164, 170,
189.
Brent, Margaret, 120, 123, 187, 386.
Brent, Mary, 162, 187.
Brent, Sir Nathaniel, 246.
Bretton (Britton), William, 73, 95, 96,
174, 177, 179, 180, 187, 230, 503, 504,
549, 553:
Brettons (Brittons) Bay, 399, 4o1.
Brewer, John, 348, 424.
Bridger, Joseph, 497, 550, 552, 560.
Bridgewater, Earl of, 21.
Briggs, Ambrose, 256.
Brisquett, John, 120, 123.
Bristol (Bristoll), 139, 141, 143, 164, 173.
IOI,
131,
139,
150,
173,
Index to Names of Persons and Places.
Britton—see Bretton.
Broadhurst, Walter, 174.
Brockas, William, 36.
Brooke, Anna, 256.
Brooke (Brookes, Brooks), Baker, 256,
293, 294, 342, 347, 359, 366, 375, 381,
383, 385, 386, 394, 396, 404, 405, 406,
407, 410, 412, 418, 420, 425, 434, 441,
448, 449, 456, 460, 464, 471, 472, 473,
485, 492, 502, 530, 539, 546.
Brooke, Charles, 256, 424, 503,
ROE,
Brooke (Brookes, Brooks), Francis,
123, 125, 182, 183, 256, 318, 319.
Brooke, John, 256.
Brooke, Mary, 256.
Brooke, Mary, wife of Robert, 256, 320.
Brooke (Brookes), Michael, 317, 320, 358.
Brooke (Brook, Brookes), Robert, 237,
238, 239; 240, 241, 256, 260, 271, 272;
275, 276, 308.
Brooke, Robert, Jr., 256.
Brooke, Roger, 256.
Brooke (Brookes), Major Thomas, 256,
344, 346, 394, 402, 411, 424, 455, 462,
463, 521, 522, 525, 537) 541, 547, 548,
Brooke, William, 256.
Brooks, Henry, 121.
Broughe (Brough), William, 95, 121, 123,
TeSys
Browne (Brown), John, 165, 166.
Browne, Nicolas, 121, 124, 125, 198.
Browne (Brown), Richard, 228, 460.
Browne, William, 120, 123.
Browns, Capt., 143.
Brues, Mr., 461.
Bryant, John, 258.
Buckingham, Duke of, 510.
Budd, David, 250, 252. -——
Bullock, Capt. Hugh, 32.
Bunckley, Esq:, 484.
Buonayro (Buenos Ayres), 367.
Burgess (Burges, Burgesse, Burgis, Bar-
ges), Captain William, 348, 351, 352,
358, 403, 411, 463, 489, 491, 492, 493;
522, 523, 524, 525, 53 534) 535» 539+
Burle, Robert, 348, 424, 456, 517, 534,
535) 539.
Bush River, 414, 524.
Bushell, Thomas, 138, 228.
Bushwood (place), 383.
Butler, Thomas, 121, 123, 125.
Byam, Col. Wm., 484.
Byshopsgate, 23.
516, 520,
121,
€
Czedar Point—see Cedar Point.
Callaway, Anthony, 455.
565
Calvert, Cecilius (Cecill, Cecil), Lord
Baltimore, 3, 4, 5, 6 7, 8,9, 10, II, 12,
25, 42, 48, 49, 55, 50, 59, 60, 61, 62, 63,
68, 70, 73, 75, 80, 81, 82, 83, 84, 86, 87,
88, 89, 91, 95, 96; 97, 99, IOI, 102, 137,
139, 141, 143, 164, 173, 179, 180, 181,
200, 213, 215, 219; 233, 240; 241, 245,
246, 247, 248, 249, 250, 252, 253, 254,
255, 257, 273, 320, 323, 327, 33% 331,
332, 333, 334) 335, 339) 354) 365, 375;
385, 387, 391, 392, 427, 436, 443, 459,
488, 510, 511, 513; 553) 561.
Calvert (Colvert), Charles, Governor, 357,
358, 359, 360, 361, 362, 364, 366, 375,
397) 439, 441, 443, 444, 446, 447, 448,
449, 451, 452, 453, 454, 456, 460, 461,
462, 463, 464, 466, 467, 468, 470, 471,
472, 473, 478, 479, 480, 481, 483, 485,
486, 487, 488, 489, 491, 492, 493, 494,
495, 496, 499, 501, 502, 503, 512, 514,
515) 517, 518, 521, 522, 523, 524, 525)
526, 527, 528, 529, 532, 533) 539 537,
538, 540, 541, 542, 546, 547, 548, 549,
550) 553) 555» 559) 557) 561, 562.
Calvert, George, Lord Baltimore, 3, 15,
16, 55, 56.
Calvert, Leonard, Governor, 48, 49, 50,
57, 58, 59, 60, 61, 63, 64, 65, 71, 74,75,
82, 83, 84, 85, 86, 87, 90, 93, 96, 98, 99,
TOL, 102) 1032, 104, 107,108, 09, E10,
I14, 117, 121, 122, 124 ,-5260,28 31,5845,
£38, 130; 142, 152, 157; 159, 160, 162,
164, 171, 172, 173,275 Epo: leds F022,
183) 197) 190,, LOA, LOG,0220) 25276 aha;
410.
Calvert, Philip, Secretary, Chancellor and
Governor, 327, 328, 329, 330, 331, 332,
334, 335) 338, 339, 340, 342, 343, 347,
348, 349) 351, 352, 353) 354, 357, 358,
359, 360, 361, 362, 364, 366, 371, 375;
383, 385, 386, 391, 392, 393, 394, 395;
396, 397, 398, 399, 402, 405, 406, 407,
409, 410, 412, 415, 417, 418, 419, 420,
423, 425, 426, 429, 430, 431, 433, 434,
435) 436, 437, 439, 441, 444, 445, 447,
448, 449, 453, 456, 460, 463, 464, 471,
473) 478, 479, 480, 481, 484, 485, 486,
487, 497, 498, 502, 522, 530, 532, 541,
546, 547, 548, 549, 550, 552, 556, 557,
560.
Calvert, William, 453, 455, 557:
Calvert County, 308, 351, 358, 383, 385,
411, 424, 434, 448, 451, 468, 472, 481,
491, 493, 503) 520, 522, 523, 524, 525,
526, 530, 531, 532, 541.
Canada, 370.
Canada, Grand Lake of, 66.
Canada, River of, 369.
Canterbury, Archbishop of, 67, 510.
566
Cape Charles, 4, 63, 87, 319.
Cape Henry, 63, 87.
Capes, The (Charles and Henry), 513.
Carberry, Earl of, 485, 513.
Caribda Ilands, 382. ©
Carlile Bay, 361.
Carlisle, Earl of, 459.
Carnoll, Christopher (Xpofer), 258.
Carolina, 548, 550, 552, 558, 559, 562.
Carpenter, Symon (Symond), 424, 486,
491, 529.
Carphenter, Edmond, 455.
Carter, Col. John, 476, 481.
Carterett, G.,°513:
Catchmeyd, George, 558.
Catlyn, Henry, 257.
Cattlett, John, 497.
Causine, Ignatious, 556.
Cauther, Capt. James, 137.
Cawley, Charles, 247, 248.
Cecilton River, 464.
Cedar (Czedar) Point, 344, 347, 402, 523.
Cenacoes (Indians)—see Senecas.
Chandler, Job, 263, 271, 275, 276, 282, 299,
397, 308, 323, 340, 354, 356, 357, 358,
359, 360.
Chandler (Chaundler), Richard, 181, 246,
263, 334-
Chappell, Andrew, 84, 85, 87.
Chareman, John, 455.
Charity (ship), 306.
Charles I, 3, 19, 49, 80, 109, 130, 152, 243.
Charles II, 243, 244, 393, 510.
Charles, Prince of Wales, 243, 244.
Charles of London (ship), 23.
Charles County, 260, 281, 283, 287, 288,
294, 308, 395, 402, 411, 424, 445, 449,
451, 462, 471, 481, 492, 493, 519, 523,
524, 525, 526, 530, 532, 534) 539) 541,
556, 560.
Chehoock, 486.
Chesapeake (Chesopeake, Chesepeake,
Chesepeck, Chesepeacke, Chesapeacke,
Chesepeack, Chesapeak, Chesapiake,
Chesapeack, Chesopiack, Chesopeak,
Chesepiake, Cheasapeak, Chessopeake,
Chesipiake, Cheseopeack, Chessepian,
Chesepian, Chesupiack) Bay, 3, 4, 24,
28, 65, 71, 80, 169, 265, 271, 277, 285,
301, 308, 311, 319, 320, 324, 330, 369,
372, 373) 374) 375, 412, 428, 554.
Chesapanies Indians, 74.
Chew, Samuel, 449, 481, 534, 530.
Chicacoan (Chickacoon, Checkacoan,
Checakone) (place), 175, 176, 180, 189,
190, 193.
Chichely (Chichley), Henry, 503, 506, 510,
ir.
Chifford, John, 256.
Lndex to Names of Persons and Places.
Chinquack (Cinquak)—see Great Wi-
comico.
Chingwoatyke, King and Great Men of,
482.
Chipsham, Mr., 307.
Choptanke (Choptanck, Choptancke)
River, 277, 436, 469, 491, 495, 531.
Choptico, 293.
Cinigoes—see Senecas.
Civility (Ciuilitye) (Indian), 498.
Claiborne (Clabourne, Clayborn, Clay-
borne, Claybourn, Claybourne, Cley-
born, Cleyborne, Cleybourne, Clep-
borne), Captain William, 17, 19, 24, 25,
26, 28, 30, 31, 32; 33) 34, 37) 39) 41, 65,
68, 69, 79, 71, 72; 73) 76, 82, 83, 92, 93)
161, 162, 176; 205; 221, 264, 260,272,
270592775 311, SIS aoe
Clarke (Clarck, Clerke), Robert, 63, 192,
193, 219, 291, 300, 338, 340, 342, 343,
359, 361, 362, 383, 385, 386, 396, 404,
405, 406, 407, 410, 434, 441, 448, 449,
453, 454, 456.
Clauson (Clawson), Jacob, 421, 430, 431,
435» 453, 486, 499, 502.
emants, James, 24.
Clementson, Andrew, 430.
Clerke, John, 382.
Clifton, James, 449.
Cliffs, The, 358,°523,.525-
Cloberry, 168.
Clobery, Oliver, 181.
Clobery, William, 27, 29, 77, 78, 82, 83.
Clocker, Daniel, 119, 121, 122, 123, 400.
Cloughton, James, 76, 121, 124, 125.
Cobreth, John, 523.
Colaccameck, 486.
Colclough, Major Georg, 448.
Cole, Josias, 348, 349, 350, 352, 353.
Coleburne, Lieutent. Wm., 491.
Collett, Captain John, 424, 449, 451, 481,
20.
Collett, Richard, 308, 394, 424, 468, 473,
481, 539.
Collett, Teague, 133.
Collier (Collyer, Captain), John, 349, 351,
411, 435, 449, 456, 463, 513.
Collison, George, 455.
Colvert, Charls—see Calvert.
Comages, Cornelius, 431.
Comins, Alexand’, 122.
Comins, Edward, 121, 124, 126, 182, 183,
192, 193.
Compton, William, Sr., 459.
Conaway, Edward, 93.
Conner, Philip, rar, 124, 126; 1335 em
198, 272, 282, 342.
Coke (Cooke), John, Secretary, 23, 30,
71, 77-
Index to Names of Persons and Places.
Cooke, Andrew, 446.
Cooke, Edward, 256.
Cooke (Cook), John, 67, 120, 123, 138,
383.
Cooke, Miles (Myles), 387.
Cooke, William, 77.
Cooper, Sir Anthony Ashley, 296.
Copley, Thomas, 63, 143, 178, 258, 259.
Corbin, Dennis, 246.
Corbin (Corbyn, Corbyne), Henry, 306,
307, 476, 481.
Cork, Robert, 557.
Cornelison, Mathias, 430.
Cornwaleys (Cornwalleys, Cornwallis,
Cornewallis), Captain Thomas, 53, 57,
58, 64, 74, 75, 85, 98, 106, 114, 119,
120, 123, 127, 128, 131, 132, 133, 134,
136, 137, 165, 166, 167, 168, 169, 170,
171, 282, 292, 293, 295, 313, 314, 334,
338, 339, 381.
Cossin, Nicholas, 120, 123, 126.
Cotsford, Richard, 182.
Cottington, Lord, 21,37,-7%.
Cotton, Anthony, 88.
Cotton (Cottain), Edward, 121, 123, 478.
Cottrel, Walter, 121, 123, 138.
Coursey, Henry, Secretary, 326, 351, 357;
394, 396, 405, 406, 407, 412, 414, 418,
420, 425, 426, 431, 433, 434, 441, 445,
452, 478, 479, 480, 481, 547, 548, 549,
550, 552, 558, 560.
Coursey, William, 383, 385, 424, 448.
Courteis, Edmund, 269, 272.
Courts, John, 228.
Coventan (Couentan), Nehemiah, 464.
Coventry, Thomas, Lord, 67.
Coves, The, 344, 347, 402.
Covills, £350.2357:
Cox, Henry, 320.
Cox (Coxe), William, 62, 121, 124, 125,
158, 161, 183.
Coytmore, R., 244, 245, 246, 247, 248,
250.
Creagh, Andrew, 382.
Creagh, Francis, 382.
Cromwell, Oliver, Lord Protector, 296,
304, 311, 313, 316, 318, 324, 331, 333,
373:
Cine Roger, 517.
Crouch, George, 121, 124, 125.
Crouch, Gilbton (Gilbtin), 240, 252.
Crouch, Mathew, 246.
Crouch, Raph, 478.
Ctey Fall, 498.
Culley, Charles, 181.
Cumber, John, 349, 351.
Curacoe, 367, 369, 370.
Curtis, Edmund, 266.
Curtis, Thomas, 491.
567
Cuyticke (river), 499.
Cyocko Indians, 499.
D
Dahadaghesa (Indian), 420, 421.
Danby, Earl of, 21.
Dandy, John, 98, 146, 187, 188, 249, 283,
287.
Darby, Francis, 307, 308.
Darford (Dartford), 23.
Davis, Thomas, 123.
Davis, William, 455.
Deacon, Tho., 181.
Deara, John, 228.
Deborah (vessel), 67.
De la Barre, John, 27, 29.
Dela Brooke (place), 472.
Delaware, 426.
Delaware Bay, 3, 21, 134, 300, 301, 319,
365, 371, 373, 374, 379 377) 378, 412,
414, 418, 426, 427, 431.
Delaware Bay Indians, 414, 486.
Delaware River, 370, 378.
De la Warre, Lord—see Laward.
Demibiel, Simon, 104, 121, 123.
Denis, Captain Robert, 264, 265, 266.
Dent, Thomas, 422, 423, 491, 492, 493,
503, 516, 518, 540, 553-
Derrickson, Jacob, 302, 303.
Devers, Richard, 411.
Dew, Patrick, 472.
Dhinoijossa, Alexander, 415, 416, 426.
Dickenson, F., 22.
Dickenson, J., 38.
Dickson, John, 529.
Diggs (Digges), Edward, 333, 334, 506,
BiOr SEs
Dixon, Robert, 120, 123, 138.
Dobbs (Dobes), John, 455, 537.
Dodson, Ralph, 449.
Dolty, George, 301.
Dorchester, Marquis of, 459, 485, 513.
Dorrington Willm., 503, 521.
Dorset, Earl of, 21, 37, 71.
Doughty, Enoch, 455.
Downs, The, 23, 25.
Draper, Peter, 120, 123, 138.
Drummond (Drumand), William, 548,
550, 551, 552, 558; 559-
Duffill, Daniel, 119, 122.
Dunelmensis—see Durham.
Dunn, Robert, 512.
Durand, William, 311, 312, 313, 318, 319.
Durford, John, 205.
Durford, William, 119, 121, 138.
Durham, Bishop of, 4, 18.
Durham, County Palatine, 4.
568
Dutch, 365, 373, 452, 486.
Dutch Plantation, 360, 370.
Dyar, Thomas, 121, 124, 125.
E
Earl Marshall, 71.
East Greenwich Manor, 20.
East, Henry, 121.
Eastern Shore, 327, 363, 379, 403, 432,
450, 488, 495, 533) 537) 553
Eastern Shore Indians, 289, 290.
Edmondson (Edmundson), John, 555, 556.
Edward I, 11.
Edwards, Robert, 138, 174.
Edwin, Wm., 228.
Elizabeth City (Eliz. Citty), 31.
Elk (Elke) River, 277, 373.
Elkison, Capt. Robert, 497.
Elliott, William, 512.
Elstone, Thomas, 256.
Eltonhead, Edward, Esq., 337, 338.
Eltonhead, William, 174, 242, 256, 295,
396.
Eltonhead, Mrs., 320, 326.
Elzey (Elzy, Elzie), John, 424, 436, 440,
450, 452, 453, 469, 471, 473, 474, 475,
476, 488, 490. -
Emkson, John, 455.
England, 19, 30, 33, 40, 43, 53, 55) 57, 60,
61, 62, 66, 70, 81, 82, 88, 89, 90, 91,
100, 109, IIO, III, 113, 130, 136, 137,
I4I, 142, 143, 144, 154, 165, 167, 168,
203, 205, 217, 223, 225, 227, 233, 236,
238, 246, 256, 258, 264, 265, 266, 271,
272, 275, 281, 289, 291, 293, 294, 295,
297, 298, 300, 301, 304, 313, 315, 366,
368, 372, 376, 377, 382, 384, 433, 460,
466, 472, 484, 489, 506, 507, 508, 535,
536, 544, 552, 562.
Evans (Euans), Col. William, 344, 346,
347; 351, 392, 399, 401, 402, 410, 411,
422, 423, 450, 462, 471, 481, 492, 522,
523, 525, 53% 533) 537) 538, 545, 546,
553) 556, 557) 558.
Evelin, George, 30, 59.
Evelin, Robert, 102.
Everett, John, 435, 441.
Everett’s, 456.
Ewen, John Ensigne, 492.
Ewen (Ewens), Richard, 312, 210,0317,
348, 349, 351, 352, 489, 492, 517, 518,
519, 520, 534+
Expedition (bark), 454.
F
Falkland, Lord, 21.
Farrar, Wm., 32, 35.
Fayall, 536.
Lndex to Names of Persons and Places.
Fendall (Kendall), Josias, Captain and
Governor, 323, 324, 325, 330, 331, 332,
335) 338, 340, 342, 343, 346, 347, 348,
349, 350 351, 352, 353, 354, 355, 362,
363, 367, 380, 381, 383, 385, 386, 387,
391, 392, 395, 396, 397, 399, 400, 405,
406, 408, 410, 419, 445. | 4
Fenwick (Fenwicke, Fennick), Cuthbert
(Cutbert), 73, 74, 83, 84, 119, 120, 123,
150, I51, 228, 434.
Fenwick (Fenwicke), Cuthbert, Jr., 434.
Fenwick, Ignacius, 434.
Fenwick, Jane, 434.
Fenwick, John, 434.
Fenwick, Richard, 434.
Fenwick, Robert, 434.
Ferryland (New Foundland), 16.
Finch, Francis, 455.
Fisher, Katherine, 256.
Fleet (Fleete), Capt.. Henry, 67,..68,°73,
74, 75, 76, 133, 148, 149, 151.
Fleet (Fleete), Reinold, 77.
Fletcher, Geo., 181.
Florida, 370.
Flouers, Richard, 181.
Ford, Gererd, 138.
Ford (Forde, Foord, Foorde), Mrs. Mary,
166, 167, 168, 169, 171.
Forster, Edward, 413.
Forster, John, 413, 432.
Forster, Seth, 424, 448.
Fort Amsterdam, 367.
Fort Conquest, 500.
Fouch, Henry, 121, 124.
Fouche, Hughe, 125.
Fountaine, Nicholas, 529.
France, 360, 431, 562.
Franclin, Thomas, 119, 120, 122, 123.
Freeman, Rich‘, 531.
Freeman, William, 76.
Freman, Lewis, 258.
Frisby, James, 529.
Frith, Henry, 449.
Fullwood, John (alias Sands), 77.
Fursden, Tho., 138.
Fuller, Sarah, 494, 495.
Fuller, Capt. William, 276, 278, 283, 284,
286, 287, 288, 289, 290, 312, 313, 316,
317, 320, 334, 335, 339, 400, 401, 494,
495.
G
Galey, Richard, 360, 361.
Games (James), Thomas, 63, 91, 121, 124,
Dok
Ganison, Egbrett, 514.
Gardner (Gardiner, Gardener), Captain
Luke (Lucke), 259, 357, 399, 422, 450,
503, 514, 516, 540, 557.
Index to Names of Persons and Places,
Garnett, Rich., Senr., 138.
Gates, Sir Thomas, 18.
Genalles (Genallis), John, 119, 122.
Geritson, Derrick, 121, 124, 125.
Gerrard (Gerard), Thomas, 89, 118, 120,
123, 136, 138, 139, 140, 145, 150, 157;
159, 163, 174, 179, 292, 293, 323, 349,
342, 354, 355, 356, 357) 358, 366, 375,
383, 384, 385, 386, 396, 407, 408, 409.
Gibbons, Major General Edward, 261, 262,
326, 327.
Gibson, John, 455.
Gill, Mr., 138.
Gilmet (Gilmett), Mr., 141, 142, 143.
Glenin, Doctor Bartholemew, 532.
Glover, Robert, 138.
Glovers, Miles, 455.
Godwin, Devoreux, 121, 124, 125.
Goldsmith (Goldsmyth, Gouldsmith,
Gouldsmyth), George, 418, 485, 492,
493, 593) 513:
Goldsmith, Major Samuel, 418, 419, 420,
462, 463, 487, 499, 500, 550.
Goldsmith’s Hall, 487.
Gore, John, 174.
Gorsuch, Robert, 413, 433:
Gorsuch, Mrs. (Robert), 413.
Gosweinquerackqua (Gosweingwerack-
qua) (Indian), 549, 550.
Gourdon, Alexander, 349, 351.
Gower, Thomas, 181.
Graft (place), 361.
Gravesend, 23.
Gray, Francis, 121,
Te 7 loOs
Gray, Steven, 138.
Great Wicomico (Chinquack, Cinquak)
River, 3, 80, 319.
Greene (Green), Governor Thomas, 123,
138, I50, I51, 157, 159, 160, 174, 187,
188, 189, 190, I9I,
197, 1968, 231, 283, 231; 241, 242,
244, 259, 302, 303, 313-
Green Popinjay (ship), 249.
Greenwich, 79.
Gresham, John, 121, 124, 125.
Griffin, Anthony, 492, 493.
Griffin, Edward, 76.
Grimesditch, John, 228.
Groome, William, 503, 521, 539.
Grosse (Gross), Roger, 348, 424, 456,
534:
Guerin, Gasper, 514.
Gugnis, Capt., 279.
Guinea (Guynie), Frigate, 265, 266.
Gun Powder River, 524.
Guyther (Gwythar), Captain Nicholas,
272, 357) 397) 402; 435;
Gye (Gyr), John, 120, 123, 138.
323; 174) ¥75, 176,
243)
192, 193, 194, 195;
569
H
Hack, Mr., 414.
Hack, Dr. George, 459.
Hack, Sepherin, 432.
Halfhead, John, 302, 449, 450.
Hall, Edward, 120, 123.
Hall, Walter, 423, 514, 519, 540.
Hales, Thomas, 121, 124, 125.
Hallis, William, 414.
Hallowes, John, 119.
Halves (Hales ?), Thomas, 125.
Hamilton, William, 481, 491.
Hammond, Benjamin, 256.
Hampton Court, 27, 29.
Hampton (Hamton), John, 174, 175, 177.
Hanson (Handson, Henson), Lieut. Ran-
dolph (Randall), gor, 490, 503, 514, 516,
518, 540
Hardige (Harditch, Hardwich), William,
120, 122, 180, 313, 314.
Hare, Henry, 455-
Hare, James, 228.
Harmer, Gothofrid, 411, 430.
Harrington, John, 77, 83, 123, 138.
Harrinton, William, 138.
Harris, Edward, 136.
Harris, John, 334. |
Harris, Samuel, 455.
Harrison, Joseph, 424, 519, 539, 556, 560.
Harrison, Thomas, 279.
Harvey (Harvie), Sir John, 20, 25, 26, 27,
a 30, 31, 32, 33, 34) 36 37, 38, 39, 40,
5
Harvey, Richard, 258.
Harwood, John, 121, 123, 228.
Harwood, Phillip, 256.
Harwood, Capt. Thomas, 545.
Hastings, Lord, 35.
Hatch, John, 120, 123, 138, 174, 302, 312,
315, 316, 358, 395, 396, 400, 408, 442.
Hatton, Lord, 459, 485.
Hatton, Thomas, 211, 213, 217, 218, 229,
230, 231, 242, 249, 255, 259, 261, 267,
272, 275, 276, 282, 295, 299, 302, 303,
306, 307, 308, 3II, 313, 459.
Hatton, Mrs., 326.
Hawkins, Matthew, 257.
Hawkins, Margarett (Margarite), 512.
Hawley, Gabriell, 24.
Hawley (Hawly), Jerome, Esq., 53, 58, 64,
78.
Hayes, Richard, 414.
Heath, Tho., 258.
Heathcoate, Nathaniel, 517, 536, 539.
Hebden, Captain Thomas, 119, 120, 123,
176.
Hemesly, William, 481.
Hendrickson, Bartholomew, 430.
Hendrickson, Hendrick, 430.
37/9
Henry VIII, 227, 236.
Herbert, Randoll, 133.
Herman (Heermans), Augustine, 366,
367; 369, 375, 377, 378, 398; 399, 401,
402, 463, 464, 529.
Herman, Augustine, map, 398.
Herne Island, go.
Herricke, John, 24.
Herring Creek, 89, 90, 289, 308, 349, 401,
22
ees Nicholas, 87, 120, 123, 126, 129,
138.
Higgins, Michael, 494, 495.
Hill, Edward (Captain), 171, 172, 188, 189,
190, I19I, 219, 220.
Hill, John, 126, 258.
Hill, Mr., 230.
Hills, Thomas, 455.
Hills, William, 444.
Hilliard, John, 174, 258.
Hinson, Thomas, 404.
Hinson, Thomas, Jr., 448.
Hinson, William, 256.
Hobart, Nathaniel, 387.
Hobin, Richard, 121, 124, 125.
Hocpeckquomeck (Indian), 486,
Holderne, Jo., 119.
Holland, 361, 369, 428, 430, 433, 470, 484.
Holland, Francis, 424.
Holles, Lord, 459, 485.
Hollingsworth, William, 360, 382, 383, 412,
415, 416, 443, 444, 449.
Hollinsworth, Richard, 360.
Hollis, John, 83, 84, 120, 123, 125, 174.
Hollis, John, carpr., 120, 123.
Holmes, Thomas, 119, 122.
Holmewood, John, 494, 495.
Holmewood, Sarah, 494, 495.
Holt als Boniefield, Christian, 463.
Holt, David, 463.
Homewood, James, 257.
Hook, 173.
Hooke, Captain Francis, 39.
Hooper, Captain Henry, 120, 125, 344,
346, 347. :
Hooper, Robert, 256.
Hoore Kill, 370.
Hopewell, Hugh, 394.
Horsey, Stephen, 469, 471, 476, 488, 490,
495; 496, 533, 537, 553, 554) 555
Hotchkeys, Riche oe sot ee
Howard, Sergt., 77.
Howard, Cornelius, 444.
Howe, Samuel, 382.
Howell, Cap. Thomas, 348, 349, 351, 352,
420, 424, 462, 463, 486, 500.
Howkins, William, 99.
Hudson, Henry, 63, 454, 455.
Huett, Robert, 125.
Index to Names of Persons and Places.
Hull, John, 120, 123.
Hungerford, Wm., 174.
Husbands, Richard, 248, 249.
Hussey, Thomas, 449.
Hynson, Thomas, 541.
I
Ingle, Captain Richard, 164, 165, 166, 167,
168, 170, 171, 179, 195, 205, 214, 216,
244, 245, 246, 247, 248, 249, 250, 252,
254, 292.
Ingram, Thomas, 513.
Ireland, 19, 304, 313, 382, 393, 480, 484,
6
539-
Tron Hill, 432.
Isle of Providence, 259.
Isle of Wight, 426.
7
Jackson, Barnaby, 120, 138, 394.
Jackson, Thomas, 119, 122, 138.
Jackson, William, 121, 124, 126.
Jacob (Christian name), 462.
Jacobs (Christian name), 435.
Jacobson, Claus, 302.
Jacobson, Peter, 430.
Jamaica, 484.
James I, 17, 19, 55, 370.
James, 258.
James (Christian name), 416.
James, —tt., 122.
James, Henry, 120, 123. °
James, Thomas—see Games.
James City, 34, 36, 80, 550, 551, 559.
James Towne, 474.
Janedoa Indians—see Oneidas.
Janorcije, Tho., 181.
Janson, Peeter, 361.
Jarbo (Jarboe), Lieut. Col. John, 174, 283,
287, 344, 346, 347, 351, 392, 399, 401,
411, 431, 490, 492, 503, 514, 516, 518,
933) 540.
Jeffreys, John, Esq., 506, 510, 511.
Jenifer, Daniel, 514, 556, 557.
Jenkins, Capt. John, 402, 445.
Jennings, Mary, 258.
Jennings, Capt. Peter, 550, 552.
Jermany, 489—see Germany.
Jessop, William, 164, 245.
Jhonns, Wm., 181.
Joanes, Walt., 182.
Joanes, Edward, 455.
Johnadoes (Jonado) Indians—see Oneidas.
John (vessel), 265.
John Adventure (vessel), 263.
Johnson, George, 533, 537, 553, 554.
Johnson, James, 120, 123, 125, 179, 228.
Index to Names of Persons and Places.
Johnson, Paule, 430.
Johnson, Capt. Peter, 315, 319, 455.
Johnson, Tho., 125.
Jolly (Jolley), James, 465, 490, 492, 493;
494-
Jones, Edward, 537.
Jones (Joanes), James, 533, 537; 553) 554-
Jones, Morgan, 133.
Jones, Nath., 174.
Jones, Phi., 382.
Jones, William, 76, 256.
Jonson (Johnson), Peter, 318.
Jourdaen, John, 562.
Joyce, Thomas, 256.
Julian w™ Hebden, 138.
K
Kagoregago (Indian), 420, 421.
Kaiquariegahaga nation, 420.
Kecoughton, Virginia, 92.
Kedger, Robert, 121, 123, 138, 228.
Keene (Keen), Lieutenant Henry, 320,
344, 347-.
Keeting, Nicolas, 295.
Kelsey, Tho., 382.
Kemp, Mr., 39.
Kempe, Richard, 80, 327.
Kendall, Josias—see Fendall.
Kennedy, Lieutenant Wm., 344.
Kent County, 105, 121, 123, 124, 125, 127,
162, 197, 342, 393, 411, 424, 425, 448,
451, 481, 512, 523, 524, 526, 527, 530,
532, 537) 541:
Kent Island, 24, 28, 29, 32, 33, 37) 39) 41,
57, 59, 62, 64, 65, 66, 70, 71, 72, 73) 75,
79, 80, 81, 82, 83, 86, 88, 93, 95, 96, 97,
99, IOI, 104, 105, 106, 119, 120, 122, 124,
£27, 0450,-£51, 159,-159, 101,-102; 174,
176, 182, 183, 197, 198, 205, 216, 217,
238, 239, 249, 276, 277, 279, 283, 285,
286, 288, 290, 293, 342, 349, 359; 363;
393) 426, 455, 491, 493, 501, 525, 528.
Kent County, Isle of, 256, 282, 284, 286,
290, 300.
Keyne, Tho., 125.
King, Marke, 256.
King, Walter, 182.
Kingsbury, Robert, 411.
Kirke, Martin, 295.
Kitchin, Anthony, 256.
Kittamaquund (Indian), 403, 454.
Kitt Martins point, 493.
L
Lake, Robert, 121, 124.
Lamore, Peter, 489.
Lamore, Thomas, 489.
371
Land, Philip, 228, 229, 281.
Langford, Cecill, 387.
Langford, John, 63, 101, 102, 114, 120,
121, 122, 123, 124, 126, 135, 326.
Langford, John, carpr., 120,123.
Lant (Launt), William, 121, 124, 125.
Langworth, James, 228, 318, 319, 411.
Lauderdail, Earl of, 510, 513.
Laward, Lord (De ‘la Warre), 37.
Lawares Bay—see Delaware Bay, 18.
Lawrence, He., 297.
Lawrence, Richard, 497.
Lawson, John, 312, 315, 422, 503, 514, 515,
516, 517, 518, 519, 553:
Lawson, William, 278.
Le Compte, Antoine, 513.
Lee, Hannah, 447, 448, 459, 495.
Lee, Henry, 121, 123.
Lee, Mary, 306, 307, 308.
Lee, Col. Richard, 476, 481.
Leeds, Captain William, 411, 424, 455.
Le Hay, Arthur, 121, 123.
Leigh, James, 256.
Lendsey, James, 539.
Lennin, Edm., 182.
Lennoswewigh (Indian), 486.
Leonard’s Creek, 315.
Letchworth, Thomas, 424, 516, 521, 539.
Leverett, Capt., 247, 248.
Levesay, Marke, 256.
Lewellin, Robt., 181.
Lewger, John, 53, 55, 58, 59, 60, 61, 64,
65, 68, 71, 73, 76, 77; 78, 85, 86, T14,
116, 117, 119,120, 12%, 122,, 123,520,
$31,133; 134,139; 140, 343,140,947,
L5Ose 51): £57,155) 15955 FOS, ben tats
176, 181, 556.
Lewis, Mrs., 326.
Lewis, Thomas, 177, 178.
Lewis, Lieut. William, 177, 178, 179, 301,
302.
Lindsey (Linsey), James, 187, 301, 424,
449, 451; 454, 556, 561.
Lisbone, 488.
Littleton, Sr. Charles, 484.
LLoyd (Loyd), Edward, 257, 276, 278,
200s 200312, -3 1055397, 93 20; 335; 342)
348, 352, 353, 362, 364, 366, 375, 404,
405, 406, 407, 410, 412, 418, 420, 425,
434, 435, 448, 449, 456, 460, 461, 462,
463, 478, 479, 480, 481, 487, 539, 558.
LLoyd, Richard, 424, 425, 450.
London, 25, 55, 78, 82, 101, 144, 164, 165,
5607270; 20 72) 7 SR tOT, 233), 23751205,
Sees Fes ees ed Ty 8 A
405.
London Colony of Virginia, 18.
London merchants, 341.
London, Bishop of, 485, 510.
57?
Lord Chamberlain, 485.
Lord Chancellor, 459.
Lord Great Chamberlain [Earl of Lindsey],
459, 485, 510. :
Lord High Chamberlain, 21.
Lord Keeper, 21, 67, 71, 72, 80.
Lord Privy Seale [Lord Saye and Sele],
21, 37, 67, 71, 72, 80, 459, 510.
Lord Treasurer [Earl of Southampton],
7%, 50.
Louely, Dell (Deliuerance), 455, 512, 526.
Low, Richard, 23.
Loyd, Edward—see Lloyd.
Luddington, William, 104, 105, 121, 124,
125.
Ludwell, Thomas, 426, 481, 550, 552, 560.
Lumbard, Fran., 182.
Lumbrozo, Jacob, alias John, 488, 526.
Lusted, Richard, 258.
Lyne, George, 361.
Lynsey, James—see Lindsey.
M
MacFennin, William, 104, 118, 119, 122.
Macklane, Robert, 449, 450.
Macrinnon, John, 455.
Maid of Gaunt (ship), 306.
Majchecomaco (tribe), 453.
Malham, John, 182.
Mancantequuts (Maquantequats) (Indi-
ans), 87.
Manchester, Earl of, 67, 513.
Mangicomaco (tribe), 453, 454.
Manhatans (place), 360, 370, 398, 426, 433.
Manhattans (Indians), 370, 375, 499.
Manners, George, 228.
Mannij (place), 533, 553.
Manning, Captain Thomas, 358, 359, 401,
403, 411, 424, 448, 462, 463, 472, 539.
Mansell, John, 138, 174, 179.
Maquamticough (place), 363,
Marchegay, Bennitt, 533.
Marettico (or Iron Hill) (place), 415.
Marke lane, 244.
Marlburgh, John, 120, 123, 138.
Marsh, Sarah, 494, 495.
Marsh, Thomas, 257, 276, 277, 278, 316,
317: 358, 359.
Marshall, Ann, 256.
Marshall, William, r19, 120, 123, 138, 424,
483, 561.
Marwood, John, 121, 124, 125.
Maryland (Terra Mariae, Mariland, Mary-
lande, Marieland, Mary-Land, Mary-
land), 5, 8, 9, 12, 22, 24, 25) 27,180,032,
33) 37) 38; 39) 40, 41, 43, 44, 47, 49, 55,
56, 63, 71, 76, 77, 79, 80, 81, 87, 88, gf,
92, 99, 100, IOI, 102, 108, 10g, II0, Iil,
Index to Names of Persons and Places.
116, 139, 140, 141,
165, 167, 168, 169, 170, 171,
178, 179, 181, 188, 192, 195,
235, 245, 246, 247, 248, 240,
250, 252, 253, 254, 256, 257, 258, 259,
260, 263, 264, 267, 271, 272, 279, 280,
281, 284, 285, 286, 292, 311, 312, 313, -
314, 317, 324, 327, 329, 331, 332; 333,
334, 337) 379, 371, 372, 374, 375) 377)
380, 383, 385, 386, 388, 392, 394, 395,
399, 426, 427, 439, 440, 475, 476, 479,
480, 484, 486, 488, 493, 498, 499, 504,
505, 506, 507, 508, 509, 510, 511, 513,
515, 517, 518, 519, 527, 528, 533, 535)
536, 537, 539) 549, 542, 550, 551, 552,
555» 559; 560.
Matchoatick, 281.
Mathiason, Hendrick, 430.
Mathews, Ignatius, 501.
Mathews, Capt. Samuel, 17, 30, 32, 33, 37,
40, 296, 320, 324, 330, 331, 333) 334,
379; 380.
Mathews, Thomas, 356, 403, 422, 423, 453,
478, 483, 501, 532, 539, 541.
Mattapanian (house), 149.
Mattapanie (place), 258, 260, 283, 287,
289, 358, 486.
Mattapanient hundred, 88, 98.
Mattawoman, King and Great men of,
482.
Mattawoman Indians, 534.
Mayer, Peter—see Meyer.
Mayflower (ship), 305.
Maynard, Charles, 138.
Maze, Rowland, 174.
Meares (Meeres, Mears), Thomas, 257,
316, 317, 320, 335, 348, 351, 352, 358,
494, 495. :
eateag, Cornelius, 455.
Meautys, T., 67, 73.
Mecomy, Macom, 455.
Medley, John, 120, 123, 138, 179.
Meese, Henry, 400, 4o1.
Meeres, Thomas—see Meares.
Menades, 484.
Menefie, George, 35, 36.
Merryman, James, 257.
Metcalfe, John, 127, 294, 302, 303.
Meughcam (Indian), 398.
Mevis—see Nevis.
Mexico, 370.
Meyer (Mayer), Peter, 412, 424, 429, 433.
Micheelson, Clement, 430,
Micheelson, Jacob, 431.
Middleton, Earl of, 485.
Mills, William, 434.
Mimascave, Peter, alias N icoatucen, 147.
Minquas, 432, 433.
Minquas Country, 415.
2)
148, 164,
172, 173,
201, 226,
TES E14, eG
Index to Names of Persons and Places.
Mitchell, Henry, 435.
Mitchell, Thomas, 174.
Mitchell, William, 250, 251, 252, 264, 294.
Mitford, Bulmer, 497.
Molcto, Francis, 258.
Monickta, 486.
Monoakin (Monokin, Monanoakin), 452,
453) 474) 475) 497) 498:
Monoponson (place), 363.
Montioy, James, 360, 361.
Montserat, 484.
Moore, Richard, 360,
Moorehead (Morehead), David, 27, 29,
78, 82, 83.
More, Henry, 501.
Morgan, Henry, 121, 124, 125, 197, 272,
282, 363.
Morgan, Hoell, 121, 124, 125.
Morgan, John, 449, 451, 455.
Morgan, Phillip, 320, 358.
Morice, Secretary, 459, 485.
Morris, Thomas, 84.
Morryson, Col. Francis, 506, 510, 511.
Morton, Richard, 472.
Morton Manor, 464.
Mott, John, 177.
Mottram, John, 175.
Mountague, Mr., 454.
Mountague, Abigael, 256.
Montson, Peter, 430.
Munro, Andrew, 138.
Murffee, Maurice, 450.
N
Nancimim, 92.
Nancotamon (Indian), 534.
Nangenaick, 402.
Nanticoke (Nanticocke, Nanticock, Nan-
tacoke, Nantocoque, Nanticoque, Nan-
tecoke) Indians, 106, 116, 129, IgI,
379-
Nanticoke (Nanticocke), Emperor of, 452.
Nanticoke (Nantecoke) River, 554.
Naquotick (Indian), 398.
Naqutsough (Indian), 363, 364.
Nash, Alexander, 455, 537.
Nassau (Nassaw, Nassas), Fort, 370, 371.
Nassau (Nassaw) River, 378.
Nattowasso (Indian), 482, 483.
Naufone, William, 121, 124, 125.
Nawighkough (Wawighkow) (Indian),
363, 364.
Neale, Agnes, 256.
Neale, Capt. Hugh, 171.
Neale, Capt. James, 78, 118, 120, 123, 131,
133, 134, 138, 140, 143, 150, 157, 159,
386, 426, 427, 434, 445, 448, 449.
Nemeny (place), 380.
eee,
Netherlands, 368, 373.
Nettlfould, George, 461.
Nevis, 484.
Nevitt, Rich., 174, 179.
Nevill, John, 174.
New Amsterdam, 369, 370.
New Amstell, 366, 368, 371, 415, 416, 425,
428, 429, 430, 462.
New Amstell (New Amstill), Fort, 486.
New England, 20, 21, 23, 91, 169, 261,
263, 280, 319, 369, 370, 373) 412, 426,
428, 454, 457, 484.
Newfoundland, 16, 42, 55, 506.
Newman, Joseph, 455.
New Markett, 67, 72.
New Netherlands, 134, 135, 366, 367, 369,
379, 372; 373) 374) 377) 378.
Newport Neewes, 37.
New Scotland, 20.
New Town (Newtowne), 356, 392, 514,
518, 532, 540.
Newtown Hundred—see St. Clements.
Nicholas, Mr. Secretary, 459.
Nicholas, Sir Edward, 510.
Nicholas, John, 512.
Nicoatucen—see Mimascave.
Norden (Nordon), John, 414, 418, 421,
432.
Norman, John, 174.
Northampton (Northton) County, Va.,
201, 435, 469, 495.
Northumberland County, 476, 478.
Norton, Tobias (Toby), 424, 521.
Norwich, Earl of, 459.
Norwood, Capt. John, 318, 348, 444, 449,
451, 489, 512, 513, 517, 522.
Notley (Nottley), Thomas, 547, 548, 560.
Nunne (Nume), John, 121, 123, 138.
Nuthall (Nutthall, Nuttall), John, 445, 446,
449, 450, 467, 468, 472, 488, 489, 490,
503, 513, 514, 526, 540, 557.
O
Occahannock (place), 379.
Oconiccka, 412.
Odber (Odbur), Capt. John, 347, 394,
402, 411, 417, 434, 435, 441, 471, 476,
488, 490.
Ohongeoguena nation, 420.
Oliver, Roger, 120, 123.
Oneidas (Janedoa, Jonado), 403, 501, 503.
Orly, Thomas, 120, 123,
Ormond, Duke of, 510.
Ormsby, John, 121, 123, 138.
Osborn, Col. Roger, 484.
Osborne, Thomas, 455, 537.
Overton, Thomas, 414, 432.
574
Overzee (Oversey), Elizabeth, 401, 402.
Overzee (Oversey), Simon (Symon), 298,
306, 366, 401, 402.
Owen, William, 318.
Oxford, Earl of, 164, 165, 173.
Oxford (place), 253.
P
Packer (Parker ?), Edward, 117, 123, 356,
357:
Pakes, Walter, 174, 357.
Palantine (Palatine) County, 18.
Palmer, John, 121, 124, 125.
Palmer, Samuel, 435.
Palmers Island, 76, 77, 79, 134, 277, 421.
Parham (Perham), Mr., 247, 248.
Parke, Capt. Daniel, 550, 552, 560.
Parker, Edward, 119, 120, 137, 147—see
also Packer.
Parker, Thomas, 121, 124, 126.
Parker, William, 320.
Parratt, William, 320.
Pascataway, Emperor of, 360,
532.
Pascataway, Great men of, 482.
Pascataway (place), 102, 148,
481, 482.
Pascataway Indians, 150, 453, 454, 501.
Passayonke Indians, 421, 431, 433, 462.
Patapsco, 461, 499, 530, 549.
Patapsco River, 412, 418, 420, 433, 444,
462, 485, 500, 502, 524.
Patomac—see Potomac.
Patuxent, 74, 107, 147, 288, 294, 312, 315,
316, 317, 318, 366, 375, 378, 380, 514,
530:
Patuxent County, 315, 318, 320.
Patuxent Indians, 87.
Patuxent, King of, 74.
Patuxent River, 88, 126, 120, 137,146:
147, 161, 259, 260, 261, 277, 283, 287,
288, 289, 294, 308, 312, 313, 315, 320,
334) 344, 347; 349, 359; 353, 401, 402,
420, 446, 462, 522, 523, 524, 525.
Paulett, John, 228.
Peake, George, 424, 539.
Pearce, William, 4o.
Peare, John, 121, 124, 125.
Peaseley, William, 25, at.
Peere, Henry, 256.
Peirce, Capt., 37.
Pennington, Admiral John, 23
Penniston (Pemmiston), Anthony,
247, 248.
Pennoyer, William, 181.
Peon, Jaques, 450.
Percy, Robert, 73.
402, 481,
163, 454,
181,
Lndex to Names of Persons and Places.
Perfaite, William, 174.
Perkins, Mr. booke, 77.
Perry, Edmond, 121, 124, 125.
Perry, Capt. William, 32.
Peter, an Indian, 143, 148.
Peter, Iafer, 278.
Petit, Thomas, 120, 123, 138, 174.
Pettiman, Ralph, 121, 124, 125.
Pewell, Thomas—see Yewell.
Pheypo, Marks, 295, 301.
Philips, Barth., 179.
Phillipps, John, 121, 124, 125, 279, 282.
Phillipps, Richard, 181.
Philpott, Robert, 62, 121, 124, 125.
Philpott, Thomas, 125.
Pichacomica Indians, 462.
Pickard, Nicholas, 425, 541.
Pickhattomitta (place), 431, 433.
Pight, Richard, 365.
Pihall, Peeter, 455.
Pikaiwaxen (place), 445.
Pile, John, 211, 213.
Pinna, King of Pickhattomitta, 431, 432
433-
Pinner, Richard, 121, 124, 125.
Piscatoway (place)—see Pascataway.
Pitts, John, 555, 556.°"
Plowden (Ploythen), Sir Edmond, 373.
Plymouth (Plimouth), 15, 39.
Pocamoke—see Wicomico.
Point Comfort, 41.
Point Lookout, 538.
Polhamton, Nicholas, 126,
Pollard, John, 449, 450.
Poplar Hill, 344, 346, 518.
Poplars (Popelirs) Island, 161.
Poole, Henry, 93.
Pope, Francis, 138, 174, 424, 449, 481,
483, 561.
Pope, Nathaniel, 120, 123, 130, 1 50, 174,
192.
Porter, William, 121, 124, 125.
Portland, Earl of, 459.
Portobacco, 293, 325, 402, 403, 453, 454,
462, 501.
Portobacco, King and Great men of, 482.
Portobacco, Queen of, 489.
Portsmouth, 48.
Portugal, 488, 557.
Posey, Francis, 174.
Potomac (Patomac) County, 315, 318.
Potomac, King of, 550.
Potomac River, 3, 75, 90, 260, 281, 319,
349; 479, 501, 530, 532.
Potomac Town, 76, 315, 318, 530.
Potomacs (Indians), 140, 403.
Pott, Capt. France, 179.
Pott, Governor John, 16; 17:
Pott, Robert, 317.
’
Index to Names of Persons and Places. a7 5,
Pott, Thomas, 182.
Pouston, John, 490.
Powell, John, 121, 124, 125.
Powell, Thomas, 424, 529.
Powell, Upkin, 133.
Poynny (Poyney) hill Runn, 537, 53°.
Preston, Richard, 271, 275, 276, 289,
294, 312, 313, 316, 318, 319) 320, 334,
-335) 355+
Preteman, Jac., 122.
Prettiman, John, 119.
Price, Jenkin, 490.
Price, Col. John, 120, 123, 150, 176, 179,
1Q1, 192;.211, 213, 255, 275, 291,+282,
294, 323, 340 342, 357, 358, 360, 361,
383, 392, 400, 401.
Price, William, 455.
Providence, 256, 257, 258, 318.
Puddington, George, 257, 489, 517, 534;
539:
Pulton, Alexius, 119, 122.
Purefoy, Col. William, 245, 248.
Purfrey (Purfry), Capt. Thomas, 32, 34, 36.
Purlivant, Richard, 121, 124, 126.
Pusser, John, 455.
Putuxent—see Patuxent.
Pye, George, 108, 120, 123.
Pynehill River or Creeke, 308.
Q
Quakers, 347, 362, 364.
Quandawwaghweigh (Indian), 398.
Quassatum (Indian), 363, 364.
Quokonassaum (Indian), 403.
Quowaughkutt (place), 363.
R
Rabnett, Francis, 121, 124, 125.
Rasoughteick (place), 363.
Rawlins, Robert, 245.
Read (Reade, Reed), George, 344, 347,
402, 523:
Read (Reead), Mathew, 455, 512, 526.
Resurrection Manor, 381, 460.
Revell (Reuell, Reuel), Randall (Randal,
¢ -Randell, Randol), 120, 123, 436, 450,
‘452, 453, 469, 471, 473.
Reymond, Richard, 76.
Richard III, 35.
Richardson, George, 490.
Richards, William, 448.
Ridgley, Robert, 545.
Rigby, Mr., 104.
Right (Wright ?), Mr., 414, 416.
Ringgold, Thomas, 279, 282.
Ringould, James, 424, 448.
Risbrook, William, 121, 124, 126.
Rives, Sir Thomas, 252.
Roach, Mr., 246.
Robinson, Henry, 256.
Robinson, John, 89, 91, 95.
Robinson, John, carpenter, 120, 123.
Robinson, Richard, 256.
Rochester (place), 23.
Rodan, Mathew, 121, 124, 126.
Rogers, Francis, 258.
ee eae 490, 503, 514, 516,
518, 5
eee Capen Christopher, 228, 402,
411, 445, 471.
Russell, Col. James, 484.
Russell, John, 121, 124, 126, 249.
Ruthchogah (Indian), 278.
Rutlige, John, 120, 123, 138.
Rutten, Garratt, 416.
Ruyven, C.:V., 367, 369:
S
Sadler (Sadlier), Giles, 385, 440.
St. Alban, Earl of, 513.
St. Catherine’s Creek, 89, go.
St. Christophers Parish, London, 165.
St. Christophers, 484.
St. Clements, or Newtown Hundred, 89,
00,91, 95, 1US) 1335138; 17:7, 179;
St. Clements Isle, So. See oe
St. Clements Manor, 354, 383, 385, 386,
418.
St. Cuthbert’s Creek, 434.
St. Cuthbert’s Manor, 434.
St. Cuthbert’s Neck, 434.
St. George of Amsterdam (vessel), 361,
283.
St. George of Bantry (vessel), 382.
St. George of Graft (vessel), 361.
St. George’s Hundred, 59, 60, 70, 104, 108,
163.
St. George’s River, 70, 223, 233, 249, 207,
305) 306, 344; 356, 360, 401, 446, 537,
53°
St. Inego’s, 108.
St. Inigo’s Creek, 107.
St. Inigo’s Fort, 107, 175, 177, 178, 190,
192, 194, 195.
St. John, 144, 163, 443, 445, 452, 471, 473,
478, 485, 492, 541, 549.
St. Leonards (place), 334, 335, 340, 342,
354, 357) 472.
St. Leonards Creek, 334, 344, 347, 402,
523
St. Margaret (vessel), 63.
St. Michaels Hundred, 98, 104, 107, 108,
1x2:
576
St. Marys (St. Maries), 49, 50, 59, 60, 61,
62, 63, 64, 70, 71, 73, 74, 75, 81, 82, 83,
84, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96,
97, 98, 99, 102, 103, 105, 107, 108, 117,
118, I19, 120, 125, 126, 127, 128, 129,
130, 132, 143, 144, 149, 150, 161, 183,
195, 196, 197, 198, 243, 244, 254, 255,
260, 261, 267, 268, 272, 275, 276, 282,
284, 285, 286, 287, 288, 289, 290, 201,
293, 294, 295, 298, 299, 300, 301, 304,
305, 306, 311, 326, 331, 332, 342, 359,
360, 361, 385, 393, 394, 395, 396, 397,
398, 399, 400, 40I, 404, 405, 406, 407,
499, 410, 429, 430, 431, 434, 436, 441,
442; 443, 444, 445, 446, 447, 448, 449,
451, 454, 455, 456, 458, 459, 460, 462,
463, 464, 465, 467, 470, 471, 473, 475,
478, 480, 485, 494, 496, 498, 499, 500,
JOT, 502; 503, 515, 517, 522, 523, 525,
527) 53° 53% 536: 540, 547, 558, 559;
562.
St. Marys County, 61, 117, 118, 120, 123,
134, 137, 146, 147, 151, 174, 177, 178,
196, 229, 260, 261, 266, 267, 281, 283,
287, 288, 294, 304, 315, 318, 354, 375;
383, 385, 392, 397, 402, 411, 418, 423,
424, 448, 451, 481, 490, 491, 493, 494,
502, 503, 514, 515, 518, 523, 524, 525,
526, 530, 540, 541, 546, 553, 562.
St. Marys Fort, 63, 114, 116, 171, 187, IgI.
St. Marys State House, 532.
St. Nicholas (vessel), 78.
St. Thomas (vessel), 57, 58.
Salmon, Ed., 382.
Salmon, Nicholas, 360, 361.
Salmon (Sammon), Stephen, 138, 174.
Salway (Sallway, Sallaway), Anthony,
348, 349) 424, 534, 539.
ammon, S.—see Salmon, S.
Sampson, Thomas, 414, 449.
Sand Hook, 412, 426.
Sand Point, 414.
Sands—see Fullwood.
Sandwich (place), 23.
Sandwich, Earl of, 485.
Sanhikan Indians, 415.
Saquasehum (place), 414.
Sarangararo (Indian), 420, 421.
Saraqundett (Indian), 420, 421.
Sasquehanoughs—see Susquehannas.
Sassafrax River, 373, 374.
Sawahegeh (Indian), 278.
Scarborough (Scarburgh), Col. Edmond,
378, 379, 380, 436, 452, 473, 474, 475,
497.
Scarhuhadih (Soarhuhadigh) (Indian),
278.
Scoffin, John, 119, 122.
Sconondihago nation, 420.
Lndex to Names of Persons and Places.
Scotland, 19, 20, 72, 304, 313, 490.
Scott, William, 301.
Scovell, George, 92, 93.
Seaven Mountains, 349, 350.
Sedgrave, Robert, 120, 123, 177.
Senecas (Sinigos, Cinagos), 403, 418, 432,
433) 499, 500, 502, 503; 530, 549.
Senserfe, Walter, 435.
Sequawaughteick (place), 363.
Sesquehanowes—see Susquehannas.
Severne, 312, 316, 456.
Severne River, 278, 343, 349, 350.
Sewall, Henry, Secretary, 439, 440, 441,
444, 445, 447, 448, 449, 452, 456, 460,
461, 463, 464, 471, 472, 473, 478, 479,
480, 481, 485, 486, 487, 492.
Seymour, Lord, 459, 485.
Shanks, John, 293.
Sheale, Robert, 256.
Sherley, Robt., 258.
Shertcliffe, John, 228.
Sherwood, Francis, 174. .
Short, Robert, 121, 124, 125, 182.
Sibrey (Sybray), Capt. Jonathan, 512, 528,
529.
Sicks, John, 489.
Simpson, ——, 320.
Simpson, Robert, 258.
Simson, Edward, 121, 123.
Sinigos—see Senecas.
Sipherson, Marcus, 430.
Skinner, Andrew, 424, 444.
Slatham, Thomas, 258.
Slye (Sley, Sly), Robert, 315, 355, 383,
385, 386, 401, 402, 453, 503, 547, 548,
559, 552, 553, 560.
mith, Emperour, 470.
Smith, John, 121, 124, 125, 312, 313)-35s;
319, 455.
Smith, John, of London, 24.
Smith, Capt.. John, of Virginia, map, 475.
Smith, Richard, 125, 354.
Smith, Maj.-Genl. Robert, 120, 123) 175,
177, 178, 179, 228, 476, 481, 550, 552,
560.
Smith, Roger, 17.
Smith, Thomas, 76, 77.
Smith, Walter, 121, E24, 128,
Smith (Smyth), William, 121, 124, 345, °
492, 532, 538, 556.
Somersett, Lady Mary, 554.
Somerset (Sommersett) County, 553, 554;
Soo:
South, Thomas, 448.
South (Sowth) River, 349, 369, 370, 371,
372, 373, 374; 378, 444, 461, 462.
South Cape, 370.
Southampton, Earl of, 511.
Spain, 306, 370, 484.
Index to Names of Persons and Places.
j
‘Speak, Thomas, 119, 122.
Spelman, Sir Henry, 21.
Spencer, Nicholas, 560.
Spesutie (Spes Utie, Spesutia), 412, 415,
418, 425, 432.
Spink, Henry, 174.
Sprigg, Thomas, 424, 448, 491, 493.
Spurne, John, 414.
Stagg (Stagge, Stegg), Thomas, 179, 246,
264.
Stagwell, Col. Moses, 448, 491, 493.
Stanbrige, Thomas, 455.
Stanford, A., 334.
Stanley (Standley), Hugh, 424, 494, 503,
516, 539-
Staplefort, Reymd., 503
States General (of Holland), 366, 368,
377-
Stegg—see Stagg.
Stegoll (Stagwell?), Moses, 455.
Stent, Robert, 125.
Stent, Thomas, 121, 124, 125.
Stephenson, Philip, 491, 529.
Stepney Lancelott, 382.
Sterling, Earl of, 78.
Sterman (Steerman, Sturman), Thomas,
TOG). 120) 123,103,174, 175, 177-180)
Biga ee
Stevens, Richard, 455.
Stevens (Stephens), William, 533, 537,
553) 554+
tetry, James, 181.
Steward, Lieutenant David, 444.
Stille, Axell, 429, 430.
Stockdale, Henry, 246.
Stockdale, Richard, 360, 361.
Stockett, Mr., 414.
Stockett, Francis, 411, 418, 435.
Stockett, Henry, 424.
Stockett, Col. Lewis, 501, 524, 525, 530,
531; 533) 547.
Stockett, Captain Thomas, 421, 424, 487,
499, 500, 539, 541.
Stockley, Woodman, 317, 320.
Stone, Thomas, 424.
Stone, Lieut. and Gov. William, 201, 202,
20773208; 200,. 215,219, 220, 221, 230,
231, 237, 240, 241, 242, 2409, 250, 254,
255, 250, 257, 258, 260, 261, 263, 267,
208,275, 270; 279, 251, 202, 284,285,
286, 287, 288, 289, 290, 291, 292, 293,
295, 298, 299, 301, 304, 305, 306, 307,
308, 311, 312, 314, 323, 331, 332, 340,
342, 354, 359, 357, 359, 360, 366, 375
391, 410.
Stoward, Charles, 455.
Strickland, Mr., 296.
Strong, Leonard, 276, 278, 312.
Stubborne, John, 119, 122.
SL4,
Sturman, Thomas—see Sterman.
Stuyvesant, Peter, 366, 367, 369, 433:
Styles, Nathaniel, 449, 503, 520.
Surinam (Surynam), 484.
Susquehanna (Sasquehanogh) Commis-
sioners, 278. y
Susquehanna (Sasquesahanough) Coun- y
try, 64, 66, 71. : .
Susquehanna (Sasquehannough) Fort,
150, 411, 417, 421, 434, 441, 549.
Susquehanna (Susquehannoughs, Ses-
quehanowes, Sasquehannoughs) (Indi-
ans), 116, 129, 130, 131, 133, 137, 148,
149, 151, 276, 277, 403, 411, 413, 414, a
417, 420, 421, 422, 434, 435, 441, 462,
486, 487, 498, 499, 501, 502, 549, 550.
Susquehanna (Sasquehannough) Point,
259, 260, 426.
Susquehanna (Sasquesahanough) River,
420, 524.
Susquehanna (Sasquehanough), State,
278.
Swale Manor, 464.
Swanson, Edward, 413.
Swedes, 370.
Sweeden, 429.
Sybray, Jonathan—see Sibrey.
oF
Tailor, Samuel, 176.
Talbott (Tabbott) County, 448, 449, 451,
466, 481, 492, 493, 519, 520, 531, 541.
Tatacoughkow (Indian), 363, 364.
Taylor, John, 413, 424, 432.
Taylor, Thomas, 352, 449, 489, 534, 535
539-
Taylor, William, 519.
Tequassin (Indian), 363, 364.
Teeritt, Mr., 143.
Tetuckough (place), 363.
Thatcher, John, 120.
Thomas, Mr., 539.
Thomas, Philip, 335.
Thomas, Steven, 120, 123.
Thomas, Thomas, 120, 123, 138, 174.
Thompson (Thomson), George, 326, 519,
539:
Thompson, James, 424, 516.
Thompson (Tomson), John, 121, 123, 124,
138, 174.
Thompson (Thomson), Maurice, 181, 244,
246,
Thomson, Mr., 121, 124, 125.
Thomson (Tomson), Edward, 120, 121,
TA pet2OVe L708
Thomson, Richard, 104, 105, 125, 127,
161.
578 Index to Names of Persons and Places.
Thomson (Thompson, Tompson), William,
120; 1123; 338, 174, 170) 2032071520:
Thornbury, 176.
Thornbury, Rowland, 449.
Thorne, William, 471, 476, 488, 490, 491,
495, 496. 533, 537) 553 554-
Thoroughgood (Thorowgood), Cyprian,
96, 97-
Thurston, Richard, 263.
Thurston, Thomas, 348, 349, 351, 353,364,
494. 495- ,
Tichacoon (Indian), 486.
Tidd, Thomas, 126.
Tilghman, Captain Samuel, 383, 387.
Todd, Thomas, 138, 348, 424, 456.
Tomson—see Thompson and Thomson.
Toreson, Andrew, 430.
Townehill, Edmund, 424, 449, 456.
Trafford, Col. Francis, 106, 114, 131.
Trantow, Mrs. Mary, 120, 123.
Trasquakin (place), 363.
Travers, William, 181.
Treasurer (Indian), 278.
Treasurer, Mr., 71, 485.
Trinity Creek, 107, 108.
Troope, Capt. Robert, 411, 431, 450, 462,
G22) 525
Trueman (Truman), Thomas, 325, 326,
424, 448, 450, 451, 522, 530, 531, 533;
546, 558.
Tue, John, 174.
Tunnell, Lieut. Thomas, 326.
Turkey Poynte, 416.
Turner, Arthur, 445.
Turner, Thomas, 422, 448, 494, 495.
Turner, William, 424.
Turvill (Turvile), John, 521, 539.
Tutty, Robert, 120, 123.
U
Ubben, Barnard, 470, 471.
Unachanataw (Indian), 398.
United Provinces, 377.
Unquehiett nation, 420.
Urinson, Cornelius, 430.
Urinson, John, 430.
Usququhaga nation, 420.
Uttapvingassenem (Indian), 403, 454.
Uttapoingassenem, Brother of, 4o2.
Utie (Vtye), George, 513, 545.
Utie (Utye), Capt. John, 32, 35, 37. 40.
Utie (Utye, Vtie, Vty, Vtye), Col. Nathan-
lel, 342, 343, 348, 349, 350, 351, 352,
353) 354, 358, 362, 364, 365, 366, 368,
371, 372, 375; 376, 377, 383, 385, 386,
414, 415, 419, 421, 441, 487, 501, 547,
548, 550, 552.
Uwhanhierelera (Indian), 420.
Vv
Vanamowas (Vnnamowas) (Indian), 363,
364. ;
Vandernorte, Michaell, 431.
Vane, S.r Henry, 245, 248, 250.
Van Eynde, Francis, 138. |
Vanheck (Vanhack), John, 503, 514.
Van Nas, Abraham, 425, 426.
Vankeeckuuts, Mr., 514.
Van Slodt, Jacob, 382.
Vaughan, Capt. Robert, 59, 76, 77, 95, 96,
[21, 123, 125, 127 10) koe, tos acoe,
193, 197, 198, 211, (213, 210; 250; 270;
277, 290, 291, 424, 528.
Vaughan, Thomas, 519, 520.
Veitch, James, 318, 319.
Venice, 484.
Verazzano, Jehan de, 370.
Vickoridge, John, 526, 527, 528.
Virginia, 12; 16, 19,20, 2122 nc4comens
28, 29, 30, 32, 37, 38; 40, 41, 42, 43. 45,
59, 65, 68, 69, 71, 74, 78, 79, 85, 92, 94,
98; 102, 106, 133, 148, 164, 163;0 109}
172, 173; 17/7 VOL OO) lOO} et Olnneon,
FOG, PIG AO AA, CAS; B20), BRO) ARIS.
238, 243, 244, 245, 248, 253, 258, 264,
265, 279, 280, 281, 292, 296, 207, 298,
306, 311, 312, 320, 324, 327, 330, 331,
349, 341, 369, 379, 371, 374, 378, 380,
382, 388, 395, 397, 398, 410, 425, 435,
455, 469, 465, 468, 469. 471, 477, 478,
479, 480, 484, 495, 496, 497, 503, 504,
505, 506, 507, 508, 509, 510, 511, 513;
516, 529, 536, 548, 559 551, 552, 559,
558, 559; 560.
W
Waddonhago (Indian), 420, 421.
Wade, Zachary, 182, 492, 493, 539, 560.
Wahocasso (Indian), 482, 483.
Waldron, Resolved (Resolvert, Resolveers,
Resolveer), 366, 367, 369, 375, 377; 378.
Wales, 484.
Walgrave Manor, 179.
Walker, Dr., 250,252,253.
Walker, Edward, 513.
Walker, James, 174.
Walker, John, 121, 124, 125.
Wall.s, Henry, 259.
Walter, 414.
Walters, Colonel George, 382.
Walters, Major William, 455.
Walton, John, 228.
Walton, Val., 245.
Wanahedana (Indian), 549.
Wannas (Wannys) (Indian), 454, 482.
Wannasapapin (Indian), 454.
Index to Names of Persons and Places.
Ward, Robert, 228.
Warder Castle, 25. 42, 49.
Waring, Capt. Bampson, 317, 318, 319,
404, 442.
Warr, Lhomas, 228, 283, 289, 302.
Warren, John, 120, 123, 138, 169.
Warren, Ratcliffe, 169.
Warwick, Earl of, 164.
Waskanecqua (Indian), 420, 421.
Wastahanda Hariguera (Indian), 549, 550.
Waterlin, Walter, 120, 123.
Waters, Alexander, 455.
Waters, Francis, 382.
Wathetdianeh (Indian), 278.
Watkins Point, 3, 4, 18, 319, 475, 491, 496,
497, 554-
Watts, Margarett, 256.
Watts, Col. William, 484.
Wawighkow (Indian), 364.
Webber, Capt. Thomas, 297, 305, 306.
Weeks, Walter, 121, 124, 126.
Weghucasso (Indian), 402, 403, 454-
_ Wellin, Richard, 138.
Wells; Richard, 312, 317, 348, 424, 441;
Wells, Roby, 424.
Wentworth, Lord, 21, 510.
Wentworth, Thomas, 455.
West, Gov. John, 32, 37, 40, 41.
West, Philip, 120.
West India Company (Dutch), 367, 368,
428.
West Indies, 370.
Westminster, 12, 109, 152.
Weston, Thomas, 108, 120, 123, 138, 163.
West St. Marys Manor, 223, 233.
Wetherell, Thomas, 349, 351.
Whale, Mr., 138.
Wheatley, John, 174.
Wheatley, William, 228.
Wheeler, John, 430.
Whitcliff, David, 123.
White, Andrew, 258, 259.
White, Mrs. Francess, 120, 123, 138.
White, Jerome, 481, 485, 488, 498, 502,
541, 546, 556, 557, 558.
W bute, John, 181, 382,455,533,537:553:554-
White, Thomas, 138.
Wi intehalll23,-37,.57, 72) 204, 27.5, 207,
382, 459, 483, 510, 513.
Whitelock (Whitlock), Lord Commis-
SLONET, 3201324, 330; 331,-333-
Wicomico Indians, 74, 116, 129, 379.
Wicomico (place), 340, 343, 450, 533, 553-
Wicomico (Va.), 480.
Wicomico Point, 285.
Wicomico (Wighco, Wighcocomoco,
formerly Pocomoke, Anancock) River,
3, 80, 319, 341, 344, 346, 379, 399, 445,
475, 491, 496, 533, 553, 554——see also
Great Wicomico.
IQ
Wicowamnen, King of, 74.
Wicks, Joseph, 404.
Widrington (Widderington), Lord Com-
missioner, 320, 324, 330, 331, 333-
Wighco—see Wicomico.
Wignell, William, 413.
Wildy, William, 121, 124, 125.
Wilkinson, William, 400.
Willian, Richard, 422, 448, 451.
William (Christian name), 414.
Williams, Eleanor, 256.
Williams, Henry, 246.
Williams, Ralph, 489.
Williams, Rowland, 74, 106.
Williamson, Secretary, 537.
Williamson, Elizabeth, 256.
Willoughby, Lord, of Parham, 484.
Winand (Indian), 398. '
Winchester, John, 455.
Windebank, Secretary, 21, 25, 26, 29, 37,
23;,-40, 41,42, 71.
Winder, John, 533, 537) 553, 554
Windham, Captain Edward, 271.
Windsor Castle, 5.
Winslow, Edward, 247, 248, 296.
Winter (Wintour), Captain, 23, 70, 71.
Wiseman, Mr., 120.
Withers (Wythers), Samuel, 335, 353,
424, 456, 517, 534, 535, 539-
Wolstenholine, Sir John, 24, 33.
Woodward, Thomas, 550, 551, 552.
Woolman, Captain Richard, 348, 448, 466.
Worsley, Mr., 244.
Wortley, John, 95, 138.
Wright, Arthur, 537.
Wright, Francis, 416, 424, 449, 453, 462,
498, 499, 509, 533:
Wright, William, 120, 123, 138, 174, 456.
Wyatt, John, 158, 161, 175.
Wythers, Samuel—see Withers.
y
Yanson, Fobby, 412.
Yardley (Yarly), Col. Francis, 271, 273,
276, 282, 301, 325.
Yarly, Col.—see Yardley.
Yarmouth, 360.
Yewell (Pewell), Thomas, 120, 123, 175,
177, 178, 179.
Yewell, William, 228.
Yoacomoco Indians, 281.
Young, Capt. Nicholas, 397, 490, 503, 514,
537, 538, 549 541; 555; 557) 562.
Z
Zakowan (person), 363, 364.
Zause, Mathias, 258.
Zouch, Sir John, 33.
TOPICAL INDEX. ee
A
Abington, John, petition, 381.
license to trade, 488.
Act concerning religion, 384.
Act for navigation, 446, 452, 454, 468, 473,
484.
Adams, Thomas, pardon, 96.
license to trade, 300.
Addams, Henry, Sheriff, 519.
Agreement with Virginia and Carolina,
559 559
Annamessex, settlement at, 452, 497.
Anne Arundel County, commander of, 257.
land in, 257.
commissioners for, 348.
Arms for Province, 100.
inspection of, 132, 133.
Armstrong, Francis, commission, 401.
license to trade, 490.
Assateague Indians, 378.
Assessments of public levy, 99, 120-125,
127, 557:
Attorney-General, 403.
Avalon, 15.
B
Baldridge, James, Sheriff, 61.
order to, 133.
Barber, Luke, grant of land, 325.
Deputy Governor, 331.
Barbery, Thomas, denization, 557.
Barton, William, order to, 394.
Bateman, John, license, 343.
Bedlo, Isaac, denization, 466.
Belcher, Thomas, license, 303.
Bennet, Richard, Commissioner of Parlia-
ment, 264, 272, 297, 311.
petition to Privy Council, 320, 330.
Cromwell, 331.
Berkeley, Gov., letter to Gov. Calvert, 476.
notice to, 517.
Bishop, Henry, warrant to, or.
orders to, 107.
Blount, William, Captain, 103.
Councillor, 114, 131.
Boareman, William, license to trade, 472.
Boteler, John, Captain, 75.
Justice, 101.
Boundary, southern, 406.
Brainthwait (Blanthwait), William, Com-
mander of Kent, 80, 161.
Commander of St. Mary’s,
146.
Commissioner, 90, 150.
Deputy Governor, 160.
Councillor, 160.
Brasseuir, Benojs, denization, 465.
Brent, Giles, Treasurer, 85.
Commander of Kent, 88, 124.
Justice, 97, IOI.
Deputy Governor, 130, 131, 135.
Councillor, 131, 157, 159.
Commissioner for Treasury, 140.
powers to, 139.
petition of, 162.
letter to Gov. Kieft, 134.
Brooke, Robert, Commander, 237.
Councillor, 240.
colonists, 256.
Brookes, Baker, Councillor, 342, 394.
Brookes, Charles, Sheriff, 520.
Brookes, Thomas, order to, 394.
commission, 401.
Sheriff, 541.
Browne, Nicholas, Commissioner of Kent,
198.
Burgess, William, petition, 405.
commission, 523.
instructions, 524.
c
Calvert, Cecilius, Lord Baltimore, letters
to Secy. Windebanke, 25, qt.
memorial to Charles I, 4o.
Windebanke, 42.
petition to Charles I, 43, 68.
instructions to Leonard Calvert,
48.
Giles Brent, 135.
Josias —_ Fendall,
; 329, 335:
province restored to, 323.
petition to Council, 331.
agreement with Commissioners,
332.
warrant against for coining, 365.
sends samples of coin, 383, 385.
letter to Fendall, 383,
Topical Index.
Calvert, Cecilius, Lord Baltimore, decla-
ration, 458.
answer to Chicheley’s memorial,
506.
forbids cessation of tobacco-
planting, 561.
Calvert, Charles, Governor, 439.
letter to Gov. Berkeley, 477.
Calvert, George, Lord Baltimore, letter
to Charles I, 15.
visit to Virginia, 16.
Calvert, Leonard, Governor, 48, 108, 151.
charges against, 164.
letter to Governor of Virginia,
106.
Calvert, Philip, Councillor and Secretary,
AQF.
Governor, 391.
letter to Gov. Berkeley, 397.
Gov. Dhinoyossa, 415.
Deputy Governor, 439.
Chancellor, 439.
Calvert, William, license to trade, 453, 455:
Calvert county erected, 308.
Cauther, James, commission to, 137.
Cessation of planting. See Tobacco.
Chancellor of Province, 50, 231, 439, 545.
Chandler, Job, Councillor, 263, 299.
Chappell, Andrew, license to trade, 84, 87.
Charges, public. See Assessments.
Charles I to Gov. and Council of Va., 22,
26, 29.
Commissioners for Plantations,
55:
Proprietary, 78.
Charles II proclaimed, 243, 244, 393:
letter to Gov. Calvert, 536.
Charles county erected, 259.
petition from, 556.
mutiny in. See Fendall,
and Jenkins.
Charter of Maryland, 3.
confirmation of, 55, 72.
references tO, 21, 22, 24, 27.
draft of ordinance repealing,
173, 190, Ik:
abstract of, 319.
Chicheley, Sir Henry, memorial to Privy
Council, 503.
Choptank River, settlements on, 436.
Claiborne, William, license to trade, 19.
letter to Coke, 30.
in Virginia Council, 32.
petition, 32, 65, 71.
goods seized, 70, 76, 82.
letter of attorney, 92.
declared enemy, 161. ;
commissioner for reduction,
264, 311. (See Kent Island.)
581
Clarke, Robert, Surveyor-General, 219.
Councillor, 300, 338, 340.
Clauson, Jacob, denization, 430.
Clemants, James, and others, petition, 24.
Clobery, William, petition, 27.
letter to Coke, 77.
goods seized, 82.
Coinage, 365, 383, 385:
Coke, Secretary, orders to Adm. Penning-
ton, 23.
Colclough, George, license to trade, 448.
Cole, Josias, warrant against, 348, 349, 353-
Collection of rents, 147.
Collett, John, Sheriff, 520.
Collett, Richard, commission, 473.
Commander of Kent, 59, 88, 105, 124, 158,
TOW dS 24270;
Commander of St. Mary’s, 132, 134, 146.
Commission for Great Seal, 214.
Commissioners and Justices, 62, 64, 70,
Li4-43t, 157, 159, 240, 242, 203, 422,
448, 471, 534, 537:
Commissioners for Province, 312, 332.
Commissioners for Treasury, 140.
Conditions of Plantations, 47, 99, 221, 223,
2a t
Conner, Philip, Commissioner of Kent,
197, 198.
Copley, Thomas, colonists, 258.
Corn, non-exportation of, 194, 293, 443,
452.
planting, 98.
Cornwaleys, ‘Vhomas, license to trade, 57.
Deputy Governor, 74, 98.
commission, 106, 127, 131,
133.
Councillor, 114.
Commander of St. Mary’s,
£32) 134.
charges against Ingle, 165,
170.
charges against Gerrard, 292.
accused by Ingle, 166, 168,
E71;
charged with kidnapping,
169.
petition, 381.
Coroner, 85, 91.
Corporations, &c., not to hold land, 227,
236.
Cossin, Nicholas, commission, 126,
Councillor’s oath, 145.
Coursey, Henry, grant of land, 326.
Councillor, 394.
Court-days, 546.
Courteis, Edmund, Parliamentary Com-
missioner, 272.
Cromwell, Oliver, proclaimed Protector,
304.
582
D
Dandy, John, sentence commuted, 98, 146.
pardoned, 187.
Delaware, Dutch on. See Dutch.
Delaware Bay Indians, peace with, 486.
Denization of Barbery, T., 557.
Bedlo, J., 466.
Brasseuir, B., 465.
Clauson, J., 430.
Dutch and Swedes, 428.
Fountaine, N., 529.
Ganison, E., 514.
Guerin, G., 514.
Herman, A., 398.
Jourdaen J., 562.
Lamore, P., 489.
Lamore, T., 489.
LeCompte pass ie:
Lumbrozo, J., 488.
Marchegay, B., 533.
Meyor, P., 428.
Pouston, J., 490.
Sicks, J., 489.
Smith, E., 470.
sulle 2A5,7420.
Ubben, B., 470.
Dennis, Robert, Commissioner of Parlia-
ment, 265.
D'Hinoyossa, Alexander, correspondence
with, 415, 425.
Deputy Governor, 64, 71, 74, 98, 130, 131,
135, 139, 160, 241, 255, 430.
Dew, Patrick, charged with murder, 472.
Dutch custom, 302, 360.
Dutch on the Delaware, 362-378, 426.
Dutch and Swedes, denization, 428.
E
Eastern Shore, Commissioners for, 488,
499, 537- :
Edmundson, John, license to trade, 556.
Eltonhead, William, Councillor, 242.
Elzey, John, Commissioner, 471.
letter from, 473.
Embargo, proclamation of, 174.
Emperor of Pascatoway, 360, 402, 453,
481.
Engagement of fidelity, 353.
Evans, William, commission, 392, 410,
Councillor, 492.
Evelin, George, Commander of Kent, 59.
Evelin, Robert, commission, 102.
Everett (Averet), John, desertion, 435,441,
456.
Ewen, Richard, Sheriff, 517.
Topical Index.
F
Fendall, Josias, Governor, 323.
grant of land to, 325.
letter to Gov. Stuyvesant, 365.
S. Mathews, 380.
charges against, 387.
proclamation against, 392, 395.
submission, 3096.
imprisoned, 397, 445.
suinmons to, 399.
petition, 405.
pardon, 406, 408.
Fendall’s conspiracy. See Burgess, Fen-
dall, Gerrard, Hatch, Jenkins, Utie,
Wickes.
Fenwick, Cuthbert, commission, 83, 84,
150.
report, 74.
estate divided, 434.
Fleete, Henry, commission, 148.
instructions, 149.
Ford, Mary, charge against Cornwaleys,
166, 168, 17%
Forestallers, 94.
Fountaine, Nicholas, denization, 529.
Fuller, William, Commissioner tor Pro-
vince, 312.
letter to Gov. Stone, 289.
Commander of Indian Expeditions,
284.
proclamation against, 400.
G
Ganison, Egbert, denization, 514.
Gerrard, Thomas, Justice, 89.
commission, 118, 151.
Councillor, 138, 145, 159.
charges against, 354.
petition, 357, 407.
excluded trom pardon, 396.
pardon, 407, 409.
Gibbons, Edward, Councillor, 26r.
Gouldsmith, Samuel, petition, 418.
commission, 419, 503.
Governor, commission to, 49, 108, 114,
151, 157, 160, 201, 219, 542.
Great Seal, 214.
Greene, Thomas, commission, I5i:
Councillor, 157, 160.
Governor, 187.
letter to Hill, 180.
Gov. Berkeley, 190.
Deputy Governor, 241.
_ proclaims Charles Il, 243, 244.
Guerin, Gasper, denization, 514.
Topical Index
H
Harrington, John, commission, 83.
Harvey, Gov., letter to Windebanke, 29,
28.
ditfculty with Virginia Council,
3335:
Hatch, John, excluded from pardon, 395.
summons to, 399.
petition, 442.
Hatton, Thomas, Secretary, 217.
Hawkins, Margaret, petition, 512.
Hemp, pitch, and tar, duties taken off, 511.
Herman, Augustine, mission to Maryland,
366.
manifesto, 369.
denization, 398.
claim of bonds, 4or.
Hervey, Nicholas, commission, 87.
High Constable, 59.
Hill, Edward, 171.
correspondence with Greene, 188,
189.
pretences rejected, 220.
Hollingsworth, William, license to trade,
382, 443.
letter, 414.
Hollis, John, commission, 83, 84.
Holt, Christian, petition, 463.
Horsey, Stephen, commission, 471.
Sheriff, 555.
Hudson, Henry, vessel seized, 454.
Husbands, Richard, commission revoked,
248.
charges against, 249.
Hynson, Thomas, Sheriff, 541.
I
Importation of wine and spirits, 177.
Indians:
agreement with, 452.
complaints of, 489.
danger from, 195.
Emperor chosen, 403.
enemies, 116.
expeditions against, 85, 106, 117,
PLO 125901271 30,133: 137,
IOI O23 7bn 524s
guns forbidden, 144, 160, 260.
injuries by, 96, 104, 118.
to, 489.
land for, 534.
letter of protection, 147.
licenses to, 143, 398.
murders by, .74, 106, 279, 412,
461, 485.
Oneida prisoners, torture of, 501.
583
Indians :
passport to, 150.
peace with, 87, 129, 149, 276, 277,
362, 433, 486, 549.
precautions against, 103, 107, 126,
144,-146, 160, 293, 462, 487,
BORG 22." 5 30;
prisoner, examination of, 498.
trade with, 443. 452.
troubles froin, 102, 103, 281, 410,
431.
war with, 502.
(See Assateagues, Delawares,
Mattawoman, Nanticokes, Pasca-
toway, Passayonkes, Patuxent,
Senecas, Susquehannoughs, Wic-
cocomicos, Wicomieses. )
Ingle, Richard, petition to Parliament, 165,
179, 224-250, 252, 264, 267.
suit with Cornwaleys, 166.
Inspection of arms, 132, 133.
J
James (Games), Thomas, license, 91.
Jenkins, John, arrest, 445.
Jolly, James, license, 490, 493.
Jourdaen, John, denization, 562.
Justices of Peace, 422, 448, 503, 553. (See
Commissioners. )
K
Kent Island and county:
Commanders:
Evelin, G., 59.
Brent, G., 88, 105, 124.
Wyatt, J., 158.
Brainthwait, W., 80, 81, 161.
Vaughan, R., 182, 216.
affairs in, 276.
Baltimore’s right to, conceded, 72,
79+
Claiborne’s claim to, 24-44.
Commissioners for, 105, 125.
court in, 127.
expedition to, 64, 161.
general pardon at, 182.
land in, 256.
petition of inhabitants, 279, 455.
prohibition of trade, 161.
rebellion in, 192.
rents 1n, 95.
seizure of goods in, 77.
warrants for land, 256.
Kieft, Governor, letter to, 134.
584
if
Lamore, Peter, denization, 480.
Land grants neglected, 129, 229, 242.
confirmation of, 253, 298.
Land, Philip, High Sheriff, 229.
Langford, John, Surveyor-General, 101.
Councillor, 114, 131.
Lawson, John, Sheriff, 514.
Le Compte, A., denization, 513.
Lee, Mary, witchcraft, 306.
Lee, Hannah, petition, 447.
license to trade, 448.
Lewger, John, Justice, 60.
Councillor, 64, 114, 131, 157, 159.
Deputy Governor, 71.
suspended, 151.
Secretary and Judge, 158.
Lloyd, Edward, letter from, 460.
Lumbrozo, Jacob, alias John, denization,
488.
license to trade, 526.
M
Macffenin, William, Sergeant, 104, 118.
commission, 315.
Manning, Thomas, claim to land, 358.
Captain, 4or.
Attorney-General, 403.
Manokin, settlement at, 452.
Scarborough’s proceedings at,
473:
Manors, 458.
March, commission, 315.
Marchegay, Bennitt, denization, 533.
Mathews, Samuel, letter to Wolstenholme,
33:
Commissioner, 264, 272.
petition, 320, 330, 331.
letter to Fendall, 380.
Mathews, Thomas, Sheriff, 541.
Mattawoman Indians, land for, 534.
Meares, Thomas, commission, 315.
Meyor, Peter, denization, 428.
Militia, 320, 344, 349, 350, 364, 523.
Mitchell, William, Councillor, 250.
fine remitted, 294.
Morgan, Henry, High Sheriff, 197.
Mortmain, land not to be held in, 227, 236.
Murffee, Morice, petition, 450.
Muster-Master, 215, 315, 545.
N
Nanticokes, 116, 379, 452.
Neale, Hugh, commission, 471.
Neale, James, commission, 118, AaT Arie
Councillor, 131, 157.
Topical Index.
Neale, James, order to, 133.
permit to, 386.
New Netherland, letter to Governor of,
134.
fearon from, 366.
Nuttall, John, license to trade, 445, 467,
472, 490, 513.
charge against, 449, 450.
O
Oath of Councillor, 85, 145, 213.
fidelity, 145, 174, 193, 196, 341,
353-
Governor, 209.
Secretary, 218.
Sheriff, 117, 515.
Justice of Peace, 553.
Odber, J., commission, 402, 471.
instructions, 417.
report, 434.
Oneida (Jhonadoes) prisoners, torture of,
501.
Ordinance of Parliament, 165, 173, 180.
Oversey, Simon, protection to, 298.
P
Packer, Edward, Sheriff, 117, 137.
Pardons:
Adams, T., 96.
Burgess, W., 405.
Dandy, J., 187.
Fendall, J., 406, 408.
Gerrard, J., 407, 409.
Smith, R., 179.
Yewell, T., 179.
at Kent, 182.
general, 305.
to rebels, 195, 395.
Pascatoway, expedition to, 148.
garrison at, 163.
Emperor of, 360, 402, 453,
481, 532.
torture of prisoners, 501.
Pass, form of, 264.
Passayonke Indians, 431, 433.
Patapsco, Indian troubles at, 461.
murder at, 485.
Patuxent Indians, 87, 147.
Permit to ship, 382.
Petitions:
Abington, J., 381.
Brent, G., 162.
Burgess, W., 405.
Charles county, 556.
Claiborne, W., 24.
Clemants, J., 24.
Topical Index.
Petitions :
Clobery and others, 27.
Cornwaleys, T., 165, 381.
Ford, M., 166.
Gerrard, T., 357, 407-
Gouldsmith, 5., 418.
Hatch, J., 442.
Hawkins, M.,*512.
Holt, C., 463.
Ingle, R., 165.
Kent Islanders, 279.
Lee, H., 447.
London merchants, 181.
Marylanders, 164, 259.
Murffee, M., 450.
Proprietary, 180
Rebels, 404.
Scovell, G., 93.
Soldiers at Kent, 455.
Sturman, J., 313.
Utie, N., 419.
Wicks, J., and others, 404.
Philpott, Robert, Justice, 62.
Pickard, Nicholas, Sheriff, 541.
Pitts, John, license to trade, 556.
Plot of Sturman and others, 175.
Pope, Francis, Sheriff, 483.
Pope, Nathaniel, exemption, 130.
seditious conduct, 192.
Portaback, Queen of, complaints, 489.
Pott, Governor, letter to Privy Council, 16.
Pouston, John, denization, 490.
Powell, Upkin, order to, 133.
Price, Jenkin, license to trade, 49a.
Price, John, commission, 191.
Muster-Master, 215.
Prison, 460.
Privateering, 297, 305.
Privy Council, letter to, 16.
proceedings in, 21.
order of, 37.
action on petitions, 71, 165,
244, 248, 249, 250, 254,
259, 267.
petition to, 164.
permit to Thurston, 263.
letter to Virginia, 296.
Governors, 484.
order on Chicheley’s me-
morial, 510.
order on sailing of ships,
513+
Protectorate proclaimed, 304.
Public levy. See Assessments.
Q
Quakers, 348, 349, 352.
order against, 362.
charges against, 494.
585
R
Reasons of State concerning Maryland,
280.
Rebellion, Fendall’s, 404. (See Fendall.)
Receiver of rents, 172.
Records delivered, 230, 313.
Reduction of Virginia and Maryland, 264,
271, 311.
Rents, 261, 266, 267.
Restoration of Province to Proprietary,
3o4naG2-
Richardson, George, license to trade, 490.
Robinson, John, High Constable and
Coroner, 9I.
warrant to, 95.
Runawavs, 126, 134, 372-
Russell, Christopher, commission, 402.
R 1tten, \sarratt, Lecce
Sadler, Giles, Sherili, 395.
St. Clement’s hundred, 89, 133.
St. George of Amsterdam (ship), 361.
St. George’s hundred, 59, 70, 163.
St. Mary’s county, Commander of, 132,
134, 146.
Scarborough, Edmund, letter to Fendall,
378.
proceedings at Manokin,
473, 497-
Scovell, George, petition, 93.
Seal, the great, 214.
Secret trusts, 228, 237.
Secretary, 85, 116, 158, 217.
Seizure of Dutch ship, 360.
goods of rebels, 70, 76, 178, 183.
Seneca Indians, war with, 502.
prisoner’s declaration, 499.
incursions, 530.
Sequestered estates, 315.
Sewall, Henry, Councillor, 439.
Secretary, 440.
Sheriffs, 61, 96, 117, 137, 197, 229, 448,
450, 481, 491. a
Sibrey, Jonathan, commission, 528.
Sicks, John, denization, 470.
Sly, Robert, Councillor, 315.
Smith, Emperour, denization, 470.
Smith, John, Muster- Master, 315.
Smith, Thomas, goods seized, 76.
Smith and others, robberies, 178.
pardon to, 179.
Smith, William, commission, 538.
Soldiers’ pay, 163.
Somerset county erected, 553.
Stagge, Thomas, Parliamentary Commis-
sioner, 264.
586
Stay of ships, 23.
Stille, Axel, denization, 420.
Stockett, Lewis, commission, 501.
Stockett, Thomas, Sheriff, 541.
Stone, William, Governor, 201, 275.
Sturman and others, plot, 175.
petition, 313.
Stuyvesant, Gov., correspondence with,
365, 366, 375.
urveyor-General, ror, 219, 485.
Susquehannoughs, 116, 1 33, 148, 150, 277,
ATT.
fort for, 417, 434.
¥ treaty with, 420, 549.
Swedes, denization, 428.
» tuo 4/1,
1 horoughgood, Cyprian, Sheriff, 96.
Thurston, Richard, permit to, 263.
Thurston, Thomas, arrested, 348, 349, 353,
364.
charge against, 494.
Tilghman, Samuel, charge against, 475.
Tithables, lists to be taken, 456.
Tobacco, non-exportation, 144, 460.
over-production, 476, 479.
cessation of planting, 480, 503,
510, 547, 550, 558, 561.
Trafford, Francis, Councillor, Lid, 13t.
Truman, Thomas, grant of land, 32k.
Sheriff, 450.
Councillor, 522.
Turner, Arthur, charge against, 445.
U
Ubben, Barnard, denization, 470.
Unlawful trading, 83, 84, 85.
Utie, Nathaniel, Councillor, 342.
license to, 342.
commission, 350.
mission to Delaware Bay, 365.
petition, 419.
Sheriff, 545.
nama
Topical Index.
V
Van Nas, Abraham, mission, 426.
Vaughan, Robert, High Constable, 59.
Justice, 127.
Commander of Kent, 182, 216.
commission revoked, 197, 290.
re-appointed, 108.
Vaughan, Thomas, Sheriff, 519.
Veitch, James, Sheriff, 318.
Vessels, searching. See Act for N. avigation,
Vickoridge, John, Sheriff, 527.
Viewers, 95.
Virginia, attacks on Maryland charter,
I 6-44,
W
Waldron, Resolved, mission, 366.
Watkins Point, 475, 497.
Waring, Sampson, commission, 316.
Sheriff, 318.
petition, 442.
Wells, Richard, contempt, 441.
West, Gov., letter to Commissioners for
Plantations, 4o.
White, Jerome, Surveyor-General, 485.
Councillor, 488.
Wiccocomicos, 379.
Wicks, J., and others, disfranchised, 404.
Wicomeses, 116.
Widows to be cared for, 326.
Windebanke, Secretary, letter to Gov.
Harvey, 26.
Wild cattle and hogs, 255, 295. :
Wintour, Robert, Justice, 70.
Witchcraft, 306.
Wolstenholme, Sir John, petition, 24.
Wolves’ heads, 557.
Woollman, Richard, commission, 466.
Writs in Proprietary’s name, 300.
Wyatt, John, Commander of Kent, 158.
ay:
Young, Nicholas, commission, 537.
Sheriff, 540.
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